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CONSTITUTION 


OF THE 


STATE OF NEW YORK. 




ANNOTATED TO AND INCLUDING THE YEAR 1889. 


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OFCONG* 
' c 0PYR!GH7 




mV 221890 

washing^ 01 *' 


ALBANY, N. Y.: 

WEED, PARSONS AND COMPANY, PRINTERS. 

189O. 












Entered, according to act of Congress, in the year eighteen hun¬ 
dred and ninety, 

By WEED, BAUSONS AND COMPANY, 

In the office of the Librarian of Congress, at Washington, D. C. 









THE 

CONSTITUTION OF THE STATE OF NEW YORK, 

ADOPTED NOVEMBER 3, 1846. 

AS AMENDED AND IN FORCE JANUARY l, 1890. 


ARTICLE I. 

Section 1 . No person to be disfranchised. 

Sec. 2. Trial by jury. 

Sec. 3. Religious liberty. 

Sec. 4. Writ of habeas corpus. 

Sec. 5. Bail, fines. 

Sec. 6. Grand jury. 

Sec. 7. Private property — Private roads. 

Sec. 8. Freedom of speech and of the press. 

Sec. 9. Two-third bills. 

Sec. 10. Right of petition — Divorces — Lotteries. 

Sec. 11. Right of property in lands — Escheats. 

Sec. 12. Feudal tenures abolished. 

Sec. 13. Allodial tenure. 

Sec. 14 Certain leases invalid. 

Sec. 15. Fines and quarter sales abolished. 

Sec. 16. Sale of lands. 

Sec. 17. Old colony laws and acts of the Legislature—Com¬ 
mon law — Commissioners to be appointed — Their duties. 

Sec. 18. Grants of land since 1775 — Prior grants. 

ARTICLE II. 

Section 1. Qualification of voters. 

Sec. 2. Persons excluded from right of suffrage — Challenge — 
Laws to be passed excluding from right of suffrage. 



40 CONSTITUTION OF STATE OF NEW YORK. 


Sec. 3. Certain employments not to affect residence of voters. 

Sec. 4. Laws to be passed. 

Sec. 5. Election to be by ballot. 

ARTICLE III. 

Section 1. Legislative powers. 

Sec. 2. Senators, number of — Members of Assembly, num¬ 
ber of. 

Sec. 3. State divided into thirty-two senatorial districts—Boun¬ 
daries thereof—Board of supervisors of the city of New Y ork to 
divide the county into Senate districts — Certificate, etc., to be 
filed. 

Sec. 4. Enumeration to be taken in 1855, and every ten years— 
Senate districts, how altered. 

Sec. 5. Members of Assembly, number of, and how apportioned 
and chosen—Boards of supervisors in certain counties and board 
of aldermen in New York city to divide the same into Assembly 
districts—Description of Assembly districts to be filed—Contents 
of Assembly districts—Legislature to reapportion members of 
Assembly—Each county entitled to one member—Hamilton county 
—Counties and towns may be divided and new ones erected. 

Sec. 6. Pay of members. 

Sec. 7. No member to receive an appointment. 

Sec. 8. Persons disqualified from being members. 

Sec. 9. Time of election fixed. 

Sec. 10. Powers of each house. 

Sec. 11. Journals to be kept. 

Sec. 12. No member to be questioned, etc. 

Sec. 13. Bills may originate in either house. 

Sec. 14. Enacting clause of bills. 

Sec. 15. Assent of a majority of all the members required, etc. 

Sec. 16. Restriction as to private and local bills. 

Sec. 17. Existing law not to be made a part of an act except by 
inserting it therein. 

Sec. 18. Private and local bills, in what cases they may not be 
passed—General laws to be passed—Street railroads, condition 
upon which they may be authorized. 



CONSTITUTION OF STATE OF NEW YORK. 47 


Sec. ID. The Legislature uot to audit or allow any private claim. 

Sec. 20. Bill imposing a tax, manner of passing. 

Sec. 21. Same subject. 

Sec. 22. Board of supervisors. 

Sec. 23. Local legislative* powers conferred on boards of super¬ 
visors. 

Sec. 24. No extra compensation to be granted to a public officer, 
servant, agent or contractor. 

Sec. 25. Sections seventeen and eighteen not to apply to certain 
bills. 


ARTICLE IV. 


Section 1. Executive power, how vested. 

Sec. 2. Requisite qualifications of Governor. 

Sec. 3. Time and manner of electing Governor and Lieuten¬ 
ant-Governor. 

Sec. 4. Duties and power of Governor — His compensation. 

Sec. 5. Pardoning power vested in the Governor. 

Sec. 6. Powers of Governor to devolve on Lieutenant-Gover¬ 
nor. 

Seq. 7. Requisite qualifications of Lieutenant-Governor — To 
be President of the Senate, and to act as Governor in certain 
cases. 

Sec. 8. Compensation of Lieutenant-Governor. 

Sec. 9. Bills to be presented to the Governor for signature — 
If returned by him with objections, how disposed of — Bills to 
be returned within ten days — After adjournment, bills must be 
approved in thirty days, else cannot become law — Governor may 
object to items of appropriation in any bill. 


ARTICLE V. 

Section 1 . State officers, how elected and terms of office. 

Sec. 2. State Engineer and Surveyor, how chosen and term of 
office. 

Sec. 3. Superintendent of Public Works, powers and duties. 
Sec. 4. Superintendent of Prisons, powers and duties of. 

Sec. 5. Commissioners of the Land Office— Commissioners of 
the Canal Fund — Canal Board. 

Sec. G. Powers and duties of boards, etc. 



48 CONSTITUTION - OF STATE OF NEW YORK. 


Sec. 7. Treasurer may be suspended by Governor. 

Sec. 8. Certain offices abolished. 

ARTICLE VI. 

Section 1. Impeachment — Assembly has power of—Effect 
of judgment. 

Sec. 2. Court of Appeals—Judges how chosen — Appoint¬ 
ment of clerk. 

Sec. 3. Vacancies in office of Judge of Court of Appeals; how 
tilled. 

Sec. 4. Causes pending in Court of Appeals to be referred to 
Commissioners of Appeals. 

Sec. 5. Commissioners of Appeals—Vacancies how filled — 
Chief Commissioner to be appointed. 

Sec. 6. Supreme Court — Jurisdiction — Justices — Judicial 
Districts, number of Justices in; may be altered without increas¬ 
ing number. Seven Justices to be designated to act as Associate 
Judges of the Court of Appeals, for the time being. 

Sec. 7. Terms of Supreme Court. 

Sec. 8. Judge or Justice may not sit in review of decisions made 
by him, etc. 

Sec. 9. Vacancy in office of Justice of Supreme Court, how 
filled. 

Sec. 10. Judges of Court of Appeals, or Justices of Supreme 
Court, to hold no other office. 

Sec. 11. Removals — Proceedings in relation to. 

Sec. 12. City Courts. 

Sec. 13. Justice of Supreme Court or Judges of City Courts, 
how chosen — Term of office— Restriction as to age. 

Sec. 14. Compensation of Judges or Justices — Not to be di¬ 
minished during term of office. 

Sec. 15. County Courts. 

Sec. 16. Local judicial officers. 

Sec. 17. Judge of Court of Appeals, or Justice of Supreme 
Court, election or appointment of—Questions to be submitted to 
people. 

Sec. 18. Justices of the Peace. 

Sec. 19. Inferior local courts. 


CONSTITUTION OF STATE OF NEW YORK. 49 


Sko. 20. Clerks of Supreme Court and Court of Appeals. 

Sec. 21. No judicial officer, except Justice.of the Peace, to re¬ 
ceive fees. 

Sec. 22. Judgments, etc., may be ordered directly to Court of 
Appeals for review. 

Sec. 23. Publication of Statutes to be provided for. 

Sec. 24. Judges, first election of —When to enter upon duties. 

Sec. 25. Local judicial officers — Term of office of incumbents. 

Sec. 26. Courts of Special Sessions. 

Sec. 27. Surrogates’ Courts. 

Sec. 28. Court of Appeals may order causes to be beard by 
Commission of Appeals. 

ARTICLE VII. 

Section 1. Canal debt — Sinking Fund—June 1, 1846, #1,300,- 
000 —June 1, 1850, $1,700,000. 

Sec. 2. General Fund Debt — Sinking Fund, $350,000; after 
certain period, $1,500,000. 

Sec. 3. Two hundred thousand dollars of the surplus canal 
revenues annually appropriated to General Fund, and the re¬ 
mainder to specific public works—Certain deficiencies in the 
revenues not exceeding $2,250,000, annually to be supplied 
from the revenues of the canals—Contractors, no extra com¬ 
pensation to be made to. 

Sec. 4. Loans to incorporated companies not to be released or 
compromised. 

Sec. 5. Legislature shall, by equitable taxes, increase the 
revenues of the Sinking Fund in certain cases. 

Sec. 6. Certain canals of the State not to be leased or sold— 
Expenditures, for collections and repairs, limited—Funds from 
leases or sale, how applied. 

Sec. 7. Salt springs. 

Sec. 8. Appropriation bills. 

Sec. 9. State credit not to be loaned. 

Sec. 10. Power to contract debts limited. 

Sec. 11. Debts to repel invasion, etc., may be contracted. 

Sec. 12. Limitation of the legislative power in the creation of 
debts. 


4 


50 CONSTITUTION OF STATE OF NEW YORK. 


Sec. 13. Sinking funds to be separately kept and safely in¬ 
vested. 

Sec. 14. Claims barred by lapse of time—Limitation of exist¬ 
ing claims. 

ARTICLE VIII. 

Section 1. Corporations, how created. 

Sec. 2. Debts of corporations. 

Sec. 3. “ Corporations” defined. 

Sec. 4. Charters for savings banks and banking purposes. 

Sec. 5. Specie payments. 

Sec. C. Registry of bills or notes. 

Sec. 7. Individual responsibility of stockholders. 

Sec. 8 . Insolvency of banks, preference. 

Sec. 9. Legislature to provide for the incorporation of cities 
and villages, and to define powers thereof in certain cases. 

Sec. 10. The credit or money of the State not to be given or 
loaned. 

Sec. 11. Counties, cities, towns and villages not to give 
money or property or loan their money or credit — Their power 
to contract debts limited. 


ARTICLE IX. 

Section 1 . Common School, Literature and United States De¬ 
posit Funds. 

ARTICLE X. 

Section 1 . Sheriffs, Clerks of counties, Register and Clerk of 
New York, Coroners and District Attorneys — Governor may 
remove. 

Sec. 2. Officers, how chosen or appointed. 

Sec. 3. Duration of office. 

Sec. 4. Time of election. 

Sec. 5. Vacancies in office, how filled. 

Sec. 6. Political year. 

Sec. 7. Removal from office. 

Sec. 8. When office deemed vacant. 

Sec. 9, Compensation of certain officers. 


CONSTITUTION OF STATE OF NEW YORK. 51 


ARTICLE XI. 

Section 1. Militia. 

Sec. 2. Manner of choosing or appointing militia officers. 

Sec. 3. Officers to be appointed by Governor and Senate — 
Commissary-General. 

Sec. 4. Election of militia officers. 

Sec. 5. Officers, how commissioned. 

Sec. 6. Election of militia officers may be abolished. 

ARTICLE XII. 

Section 1. Oath of office prescribed. 

ARTICLE XIII. 

Section 1. Amendments. 

Sec. 2. Future conventions, how called. 

ARTICLE XIY. 

Section 1. Election — Term of office of Senators and Mem¬ 
bers of Assembly. 

Sec. 2. First election of Governor and Lieutenant-Governor, 
when. 

Sec. 3. State officers, and others, to remain in office till De¬ 
cember 31, 1847. 

Sec. 4. First election of judicial officers, when. 

Sec. 5. Jurisdiction of pending suits. 

Sec. 6. Chancellor and Supreme Court—Masters in Chancery 
Sec. 7. Vacancy in office of Chancellor or Justice of Su¬ 
preme Court, how filled. 

Sec. 8. Offices abolished. 

Sec. 9. Chancellor and Justices of present Supreme Court 
eligible. 

Sec. 10. Officers to hold until expiration of term. 

Sec. 11. Judicial officers may receive fees. 

Sec. 12. Local courts to remain, etc. 

Sec. 13. When Constitution goes into operation. 

ARTICLE XV. 

Section 1. Bribery and official corruption. 

Sec. 2. The'same subject. 


02 CONSTITUTION OF STATE OF NEW YORK. 

Sec. 3. Person offering or receiving bribe may be witness. 

Sec. 4. District attorney may be removed for failure to prose 
cute violations—Expenses of prosecution, bow chargeable. 

ARTICLE XVI. 

Section 1 . Amendments, when to take effect. 


We, the People of the State of New York, grateful to 
Almighty God for our Freedom, in order to secure its 
blessings, do establish this Constitution. 

Preamble. The origin of the State government was the 20th April, 1777. 
Jackson v. White, 20 Johns. 313. 

The rule against statutory interference with vested rights,does not apply 
to a Constitution. Mailer of Bank, 21 N. Y. 9. 

The Constitution should be so construed as best to promote tlie objects for 
which it was made, avoiding the two extremes of a liberal or a strict con¬ 
struction. North Hirer Steamboat Co. v. Livingston, 3 Cow. 713. 

The courts, in construing the Constitution, have nothing to do with the 
argument ah inconvenienti. People.v. Morrell, 21 Wend. 503; Newell v. Peo¬ 
ple, 7 N. Y. 9, 109. 

Statutes are presumed constitutional. Roosevelt v. Godard, 52 Barb. 533. 

An act must he constitutional in substance as well as form. People v. 
Alien, 42 N. Y. 404. 

The constitutionality of statutes ought not to be passed upon unless neces¬ 
sary. Frees v. Ford, 6 N. Y. 17G ; People, ex rel. Wetmore, v. Supervisors of 
New York, 2 Keyes, 288. 

Nor should a statute be pronounced unconstitutional except in a case 
where there Is no rational doubt. Ex parte McCollum,! Cow. 450 ; Clarke 
v. City of Rochester, 24 Barb. 440. 

A conflict between the Constitution and a statute should not be implied. 
Cochran v. Van Surlay, 20 Wend. 305; Newell v. People ,7 N. Y. 9, 109; 
People v. Fisher, 24 Wend. 215. 

There must be a clear conflict. Roosevelt v. Godard, 52 Barb. 533 : People 
v. Bennett, 54 id. 480. 

A statute is not unconstitutional unless in direct and necessary conflict 
with the Constitution. Grant v. Courier,?.! Barb. 232; Moi~ris\. People 3 
Den. 381. 

Nor unless it cannot be supported bv any reasonable intendment or allow¬ 
able presumption. People v. Supervisors of Orange, 17 N. Y. 235. 

Nor because it merely conflicts with the spirit of the Constitution. People 
v. N. Y. Cent. R. R. Co., 24 N. Y. 485. 

Article I. 

A law unconstitutional In part may be enforced as to its constitutional pro¬ 
visions. Matter of De Vancene, 31 How. Pr. 289, 343. 

Material and actual injury must be shown to warrant the court in pro¬ 
nouncing a statute unconstitutional. People v. Canal Board, 55 N. Y. 390. 

A statute cannot be held unconstitutional when it may be constitutionally 
executed. People v. Rochester, 50 N. Y. 525. 

A statute evading the terms, and frustrating the general and clearly ex¬ 
pressed, or necessarily implied, purposes of the Constitution, is as clearly 
void, as If expressly forbidden. People, v. Albertson, 55 N. Y 50 

A constitutional prohibition should not be extended bv construction from 
motives ot convenience or policy. Settle v. Van Evrea, 49 N. Y. 280. 

Ihe loii££ continued and undisputed practical construction of a constitu* 




CONSTITUTION OF STATE OF NEW YORK. 53 


Article I — Continued. 

tional provision by the Legislature has almost the force of judicial exposition 
In its interpretation. People, ex rel. Williams , v. Dayton , 65 N. Y. 367. 


ARTICLE I. 

No person to l»e diftfranchi^ed. 

Section 1. No member of this State shall be disfran¬ 
chised, or deprived of any of the rights or privileges 
secured to any citizen thereof, unless by the law of the 
land, or the judgment of his peers. 

Law of the Land. — These words do not mean a statute passed by the Legis¬ 
lature for the purpose of working the wrong. The meaning is, that no mem¬ 
ber of the State shall be disfranchised, or deprived of any right or privilege, 
unless the.matter shall be adjudged against him upon trial had according to 
the course of the common law. It must be ascertained judicially that be has 
forfeited his privileges, or that someone else has a superior title to the prop¬ 
erty he possesses, before either of them can be taken from him. It cannot 
be done by mere legislation. Taylor v. Porter, 4 Hill, 140; White v, White, 
5 Barb. 474 ; People v. Toynbee, 20 id. 198. 

Separate schools lor colored children are permissible. People v. Gallagher, 
93 N. Y. 438; s. C., 45 Am. Rep. 232. 


Trial by jury. 

Sec. 2. The trial by jury in all cases in which it has been 
heretofore used, shall remain inviolate forever; but a jury 
trial may be waived by the parties in all civil cases in the 
manner to be prescribed by law. 

Trial by Jury. — The jury intended is a common-law jury of twelve men. 
Wynehamer People, 13 N. Y. 378. But not in eminent domain proceedings. 
A star v. Mayor , 62 id. 580. 

But a stat ute increasing the civil Jurisdiction of justices’ courts is not. un¬ 
constitutional merely because it transfers a class of cases from courts of 
record, where Juries are composed of twelve men, to justices’ courts, where 
they’consistof six. Dawson v. Horan, 51 Barb. 459; People, ex rel. Metropolitan 
Hoard of Health, 6 Abb. I'r. (N. S.) 105. 

The right to a jury trial extends only to cases in which it had been exer¬ 
cised before the adoption of the original Constitution. Du fy v. People, 6 
Ilill, 75. 

The word “heretofore,” in this 'clause of the Constitution of 1846, means 
before 1846, and not simply before 1777. People v. Wynehamer, 13 N. Y. 378. 

A statute providing that the act of a person seen drinking liquor on the de- 
fendant s premises shall be presumptive evidence of the illegal sale, is un¬ 
constitutional. People v. Lyon, 27 Hun, ISO. 

Habitual criminals act valid. People v. McCarthy, 45 IIow. Pr. 97. 

When a jury may be demanded. — On a criminal accusation for assault and 
battery; People v. Carroll, 3 Park. 22; for misdemeanors; People v. Johnson, 
2 id. 322; under the prohibitory liquor law ; Wynehamer v. People, 13 N. Y. 
378; under law against bawdy-houses: Warren v. People, 3 Park. 544; in suits 
for penalties; Wood v. City of Brooklyn , 14 Barb. 425; for public intoxica¬ 
tion ; Ilill v. People, 20 N. Y. 363; on a claim for breach of contract by a 
municipal corporation ; Baldwin v. New York. 2 Keyes, 387: on question of 
damages in action for specific performance; Stevenson v. Buxton. 37 Bari). 
13,; In an action in nature of a quo warranto; People v. AIbany and Susque- 


54 CONSTITUTION OF STATE OF NEW YORK. 


Article I — Continued . 

hannn H. Co., 57 N. Y. 161: in an action to abate a nuisance; Hudson v. 
Caryl , 44 Id. 553. See, also. Sands v. Kinibark, 27 id. 147 ; Metropolitan Board 
of Health v. Heister , 37 id. 661. 

TF/ten a jury cannot be demanded.— On proceedings by a corporation to ex¬ 
pel a member ;' People, ex rel. Thaclier , v. N. Y. Com'l Ass'n, 18 Abb. 271; on 
inquiry by board of excise whether an applicant is a lit person to license r 
People, ex rel. Presmeyer, v. Com'rs of Police, etc., of Brooklyn, 59 N. Y. 92; 
on question of fact arising on motions; Porter v. Parmly, 39 N. Y. Supr. 219. 
on proceedings against disorder!y persons; Duffy v. People, 6 Hill, 75 ; Plato v. 
People, 3 Pane. 386 ; on proceedings on recognizances; Gildersleere v. People, 
10 Barb. 35 ; in equity cases; Rathbun v. Rathbun, 3 IIow. Pr. 139 ; Coleman 
x. Dixon, 50 N. Y. 592; on proceedings to enforce personal liability of share¬ 
holder in corporation; Matter of Empire City Bank, 18 id. 199 ; to close busi¬ 
ness of insolvent corporation; Case of Mechanics' Fire Ins. Co., 5 Abb. Pr. 
444 ; to determine whether private property is needed for public uses; People, 
ex rel. Herrick, v. Smith, 21 N. Y. 595, on assessments of damages for prop¬ 
erty taken for public use; Livingston v. New York, 8 Wend.85; Beckman v. 
Saratoga and Schenectady 11. Co.fi Pai. 45; claims by receivers of corpora¬ 
tions against individuals; Sands v. TiUinghast, 24 IIow. Pr. 435; inactions 
involving examination of long accounts; Van Marter v. Hotchkiss, 1 Keyes, 
585; on proceeding to determine claims to custody of children under ap¬ 
prenticeship; Matter of Donohue, 1 Abb. N. C. 1 ;in special proceedings such 
as those for the removal of tenants; Roberts v. Cone, 3 Alb. L. J. 151; in 
courts of special sessions; People v. Special Sessions, 74 N. Y. 406; in sum¬ 
mary proceedings on recognizance; People v. Qnigg, 59 id. 83; in summary 
proceedings for punishment of public intoxication ; People v. Burleigh, 1 N. 
Y. Cr. 522. 

A jury trial is not guaranteed by the constitutional provision for “ due pro¬ 
cess of law.” Wynehamer v. People, 13 N. Y. 378. 

A corporation is entitled to a jury wherever an individual is. People, ex rel. 
Baldwin, v. Haws, 37 Barb. 410. 

A trial by twelve jurors cannot legally be waived by the prisoner in a 
criminal case. People v. Cancemi, 18 N. Y. 128. 

In civil cases a jury may be waived. Embury v. Connor, 3 N. Y. 511. It 
is waived by taking part in an assessment of damages for land taken for 
public improvement. People v. Murray, 5 Hill, 468; by receiving the dam¬ 
ages awarded ; Heyward v. Mayor of N• Y., 8 Barb. 486; 7 N. Y. 486; by con- 
sen ting to a reference. Leex. Tillotson, 24 Wend. 337. See People v. Quigg, 
69 .N. \. 83. 

The Legislature may constitutionally change the law as to the mode of 
procuring and impaneling a jury ; Stokes v. People, 53 N. Y. 16 4; for example, 
as to the territory from which they may be summoned ; Gardiner v. People, 
6 Park. 155; as to challenges to the people. Walter v. People, 32 N, Y. 117. 

Courts-martial are recognized by the Constitution; People, ex rel. v. 
Daniell, 50 N. Y. 274 ; and their lines may be enforced by legislative pro¬ 
vision. People v, Daniell, id. 


Religious liberty. 

Sec. 3. The free exercise and enjoyment of religious pro¬ 
fession and worship, without discrimination or preferenco, 
shall forever be allowed in this State to all mankind; and 
no person shall he rendered incompetent to be a witness on 
account of his opinions on matters of religious belief; hut 
the liberty of conscience hereby secured shall not ho so 
construed as to excuse acts of licentiousness, or justify 
practices inconsistent with the peace or safety of this State. 


CONSTITUTION OF STATE OF NEW YORK. 55 


Article I — Continued . 

This provision docs not shield a witness from cross-examination as to his 
religious belief. Stanbro v. Hopkins , 28 Barb. 265. 

A law against theatrical representations on Sunday is valid. Lindmmuller 
v. People , 33 Barb. 548; Neuendorjf v. Duryea , 09 N. Y. 557 ; s. c., 25 Am. 
Rep. 235. 

Writ of Habeas corpus. 

Sec. 4. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require its suspension. 

• 

Rail, fines. 

Sec. 5. Excessive bail shall not be required nor excessive 
fines imposed, nor shall cruel and unusual punishments be 
inflicted, nor shall witnesses be unreasonably detained. 

The act of 1888, chap. 489, prescribing the use of electricity as the means 
of executing the death penalty, is constitutional. People , cx rel. Kremniler, v. 
Hurston, 27 State Rep. 966. 

Although there is a general maximum. Legislature may change or increase 
the punishment as to particular localities. Matter of Bayard, 25 Hun, 516. 

The provision as to excessive bail applies only to criminal proceedings. 
People v. Tweed, 13 Abb. (N. S.)148. 

Disqualification for office is not an unconstitutional punishment for crime. 
Barker v. People , 20 Johns. 427. 

Grand .jury— bill of rights. 

SEC. G. No person shall be held to answer for a capital 
or otherwise infamous crime (except in cases of impeach¬ 
ment, and in cases of militia when in actual service; and 
the land and naval forces in timo of war, or which this 
State may keep with the consent of Congress in time of 
peace; and in cases of petit larceny, under the regulation 
of the Legislature), unless on presentment or indictment of 
a grand jury, and in any trial in any court whatever the 
party accused shall be allowed to appear and defend in 
person and with counsel as in civil actions. No per¬ 
son shall bo subject to bo twice put in jeopardy for the 
same offense; nor shall he bo compelled in any criminal 
case to bo a witness against himself; nor bo deprived of 
life, liberty or property without duo process of law; nor 
shall private property bo taken for public use, without just 
compensation. 


5f> CONSTITUTION OF STATE OF NEW YORK 


Article I — Continued. 


See Peoplev. Sharp , 107 N. Y. 427 ; 1 Am. St. Rep. 851. 

Indictment. — A law allowing the indictment and trial of a burglar in any 
county into which lie carries the property is valid ; Made v. People , 82 N. Y. 
235; same principle. People v. Dowling, 84 id. 478. 

Indictment by a grand Jury defacto under an invalid statute Is good. Peo¬ 
ple v. Petrea, 92 N. Y. 128. 

Provisions of Code Criminal Procedure relative to amending defective in¬ 
dictments are not violative of this section. Peoplev. Johnson, 104 N. Y. 213. 

Counsel. — This provision entitles the accused to counsel on trials by courts- 
jnartial. People, ex ret. Garling,v. Van Allen, 55 N. Y. 31. 

Prisoner has a right to interview with counsel. People v. Riseley, 13 Abb. 
N. C. 186. 

Policeman on trial before police board has no right to counsel. People v. 
Police Comrs ., 31 Hun, 2<)9. 

Twice in jeopardy. — “ Former jeopardy ” does not protect against new trial. 
PeopLev. Palmer, 109 N. Y. 413. A prisoner maybe tried on a second indict¬ 
ment after a not. pros, or supersedeas of the first, to which a plea to the juris¬ 
diction only had been overruled. Gardiner v. People, C Park. 155,190. 

A new trial cannot be granted where the prisoner has been acquitted of a 
felony. Peoplev. Comstock, 8 Wend. 549. 

A writ of error at the suit of the people will not lie after judgment for the 
defendant in a criminal ca^e. Peoplev. Corning, 2N. Y. 9. 

A prisoner, sentenced upon a regular trial and conviction,cannot be re-tried. 
Slnpherd v. People, 25 N. Y. 406; but the judgment may be corrected under 
the act of 1863. JInssyV. People. 47 Barb. 503. 

VVTiere a conviction is reversed at the suit of the prisoner, a new trial may 
be ordered. Peoplev. Rulojf, 5 Park. 77. 

W here a prisoner has been put on trial, a Juror cannot be withdrawn with¬ 
out his consent. People v. Barrett ,2 Cai. 304 ; Grant v. People , 4 Park. 527 ; 
Ktoclcv. People. , 2 id. 676. 

In case of disagreement the Jury may be discharged by the court, and the 
prisoner may be re-tried; Peoplev. Goodwin, 18 Johns. 187; so where, being 
unable to agree, they separate without authority, and are afterward dis¬ 
charged. People v. Iteagle, 60 Harb. 527. 

In cases of misdemeanor the court of sessions may discharge the jury, 
-without consent of the prisoner, and he may be tried again. Peoplev. Denton, 
2 Johns. Cas. 275. 


An arrest of judgment after conviction for felony is noth bar to a second 
indictment. Peoplev. Casborns, 13Johns. 351. 

A prisoner is not put in jeopardy where the evidence fails to establish the 
offense charged. Canter v. People, 1 Abb. Dec. 305. 

Convict ion for assault and battery no bar to indictment for murder, where 
the person assaulted subsequently dies of the blows. Burns v. Peonle 1 
Park. 182. ’ 

Where one is convicted of murder, and the law is subsequently repealed 
without reservation, and a new law enacted, he cannot be tried again, nor 
can ^lue^be executed under.a re-enactment of the old law. Hartungv. Peo- 

llabitual criminals act valid. People v. McCarthy, 45 IIow. Pr. 97. 
Testifying for himself.—A n act requiring parties to make discovery on 



other, on the ground that his testimony may tend to implicate hiin in a 
ci line, provided he is protected by statute against the use of such testimony 
on lus own trial. People, ex rel. Ifackley, v. Kelley, 24 N Y 74 

Act allowing prisoners to testify for themselves valid. People v Courtney 
91 N. Y. 90. ‘ 

Where a prisoner testifies in his own behalf, ho is subiect to the same 
rules and tests as other witnesses. People v. Brandon, 42 N. Y. 265 J5v 
oflermg himself he waives the constitutional privilege. Connors v. People, 
50 N. Y* 210. * 

Dull process.— A law authorizing the commitment of a person to the State 


CONSTITUTION OF STATE OF NEW YORK. 


57 


Article I — Continued. 

Inebriate Asylum, upon ex parte affidavits alone, is unconstitutional. Matter 
of James, 30 How. Pr. 446. 

Where, before the expiration of a term of imprisonment, the prisoner es¬ 
capes, no new award of execution is necessary ; he may be retaken and con¬ 
fined under the original judgment. Haggerty v. People, 53 N. Y. 478. 

A forcible examination, under order of a coroner, of a female prisoner by 
physicians, for the purpose of obtaining evidence of her recent pregnancy, is 
a violation of the Constitution. People v. McCoy, 45 How. Pr. 215. 

This provision has no reference to disciplinary proceedings before a medical 
society. Matter of Smith, 10 Wend. 449. 

A law authorizing a condemnation of animals found trespassing, without 
notice to the owner, is unconstitutional; Rockwell v. Nearing, 35 N. Y. 302; 
otherwise where notice is required. Cooky. Gregg, 46 N. Y. 399. 

Canal commissioners are constitutionally authorized to punish witnesses 
for contempt. People v. Learned, 5 Ilun, 626. 

As to what is “ due process of law,” see Matter of Me Adam, 27 State Rep. 
353. 

“ Due process ” does not require proceeding according to common law, nor 
personal service. Happy v. Mosher, 48 N. Y. 313. In taking private property 
for public use notice to owners by publication is valid. Owners v. Albany. 
15 Wend. 374; Matter of Union, etc., R. Co., 112 N. Y.61. 

“Due process of law ” simply requires that a party shall have his day in 
court; the Legislature may take away a particular remedy and give a new 
one. People ex rel. v. Supervisors, 70 N. Y. 228. 

As to when the attachment of an indebtedness due a non-resident without 
■notice is within the provision of due process of law, see Martin v. Cent. Vt. 
It. Co., 50 Hun, 347. 

The principle that property shall not be 'taken without “ due process of 
law,” andlhat such due process includes notices to the owner is for the bene¬ 
fit of the owner and not of third persons. People v. Turner , 49 Hun, 467. 

The common council of a city grants to defendant a permit to build certain 
frame houses within its limits. After the work was commenced the reso¬ 
lution granting the permit was rescinded without notice. Held, void as 
violative of the constitutional prohibition against taking private property 
without due process of law. City of Buffalo v. Chadeaquc, 27 State Rep. 60. 

Chap. 448, Laws 1885, relating to comptroller’s deeds as conclusive evidence 
of regularity of proceedings is constitutional. People v. Turner, 27 State 
Rep. 158. 

As to provisions for the discovery and delivery of the property of a de¬ 
cedent. Matter of Beebe, 20 Hun, 462; Matter of Curry, 25 id. 321. 

Provisions for taking testimony of witnesses conditionally in criminal pro¬ 
ceedings, valid. People v. Williams. 35 Ilun, 516. 

A statute allowing sheriffs to withhold property, seized under attachments 
which have been vacated, from the rightful owners until payment of costs 
against the wrongful claimant, invalid. Bowe v. U. S. Reflector Co., 36 Hun, 

407. _ 

The act for the summary conviction of habitual thieves is valid. People v. 
McCarthy, 45 How. Pr. 97. . x , . ., 

The act compensating parties for damage by mobs and riots is not objec¬ 
tionable as taking private property for public use without due process. Dar¬ 
lington v. Mayor of New York, 31 N. Y. 164. 

A statute freeing a shcrilf from liability and substituting his indemnitors, 
valid. Hein v. Davidson, 96 N. Y. 175. . .... 

An act authorizing sentence by a different court from that in which the 
conviction was had is valid. People v. Boric, 96 N. Y. 188. 

An act providing for appointing receivers of insolvent insurance, companies 
is valid. Atty.-Gcn. v.No Am. Life Ins. Co., 82 N. Y. 172. 

An act authorizing service of process on a director ot a foreign corporation 
temporarily within the State, valid. Hiller v. Burlington, etc., R. Co., 70 N. 

Y. 223. „ , „ • r 

A statute authorizing the seizure of any property found in possession ot a 
tax debtor is valid. Jfcrsee v. Porter, 100 N. Y. 403. . . 

A statute allowing the prohibition of transfer of negotiable securities by 
the publication of notice, invalid. People v, Otis, 90 JN. Y. 48. 


58 CONSTITUTION OF STATE OF NEW YORK 


People v. Kibler, 106 N. Y. 323. 
People v. Arensberg, 105 N. Y. 


Article I — Continued. 

A statute prohibiting the sale or disposal of any article of food or any 
offer or attempt to do so, upon any representation or inducement that any 
thing else will be delivered as a gift, prize, premium, or reward to the pur¬ 
chaser is unconstitutional. Peoples. Gillsnn, Kit* N. Y. 389. . 

Seizure of milk below proper standard without notice, valid. Blazier v. 
Miller, 10 Ilun, 435. 

Prohibited sale of adulterated milk, valid. 

Prohibiting sale of imitation butter, valid. 

123; 59 Am. Rep. 483. „ t „ 

Statute giving houses of Legislature power to punish for contempt lor 
refusing to testify, valid. People v. Keeler, 99 N. Y. 463 ; 52 Am. Rep. 49. 

Act declaring what shall be deemed adulterated milk, invalid. 1‘topic v. 
Cipperly , 37 Ilun, 319. 

Game law valid. Phelps v. Racey, 60 N. Y. 10; 10 Am. Rep. 140. 
Destruction of lish-nets found in waters in violation of game law. Lawton 
v. Steele.. 6 N. Y. Supp. 15. 

Trial by jury not always essential to due process. Matter of Curry , 25 Ilun, 
321. 

Tenoment-house cigar act invalid. Matter of Jacobs, 98 N. Y. 98; 50 Am. 
Rep. 636. 

Act regulating height of buildings, valid. People., ex rel'. Kemp , v. D'Ocuch, 
111 N. Y. 359. So act prohibiting sale or bringing of any milk diluted with 
water or adulterated to a butter or cheese manufactory to be manufactured, 
is valid. People, v. West. 106 N. Y. 293. 

Oleomargarine act invalid. People v. Marx. 99 N. Y. 377; 52 Am. Rep. 34. 
Civil damage act valid. Bcrtholf v. O'Reilly. 74 N. Y. 509 ; 30 Am. ltep. 
323. 

Taking private property.—T he Legislature may prohibit a use of private 
property which violates the duty the owner owes to his neighbor or to the 
State. Prentice v. Weston, 111 N. Y. 460. This does not include taxation. 
People, ex rel. Griffin , v. Mayor of Brooklyn, 4 N. Y. 419; Brewster v. City of 
Syracuse, 19 id. 216. But it includes prospective profits on a State contract. 
Danolds v. State, 89 N. Y. 36. 

It belongs to the Legislature and not to the courts to determine whether 
the public benefit will justify the taking of private property for public use. 
Be.ekm.an v. Saratoga di S. R. R. Co., 3 Pai. 45; Harris v. Thompson, 9 Barb. 
350; Bloodgoodv. Mohawk et Hudson R. Co. ,18 Wend. 9; Buffalo $ N. Y. 
R. R. Co. v. Brainard, 9 N. Y. 100; People v. Smith, 21 id. 595; Ex parte, 
Townsend.. 39 id. 171; Bean Street, 53 id. 60; and how much or what interest 
shall be taken. Brooklyn Park Comm'rs v. Armstrong, 45 N. Y. 234. 

But the question whether the purpose is public or private is a judicial one, 
to be determined by the courts ; rhe grant by the Legislature of the right to 
take Is not conclusive evidence that the use is a public one ; so the provisions 
authorizing the taking of land fora rural cemetery association by proceeding 
in invitum, is unconstitutional. Matter of Deansville Cemetery Ass'n, 66 M. Y. 
569. 

The exercise of the right of eminent domain does not impair the validity 
of contracts. Lansing v. Smith, 4 Wend. 9. 

The right may be exercised for the benefit and at the expense of a few. 
Owners v. Albany, 15 Wend. 371; through the instrumentality of a foreign or 
other corporation. Ex parte Townsend, 39 N. Y. 171; Bloomfield v. Natural 
Gas-light Co. , 63 Barb. 437. 

^enathmal government may apply to condemn lands. Matter of U. S., 

Owner entitled to notice and hearing. Stuart v. Palmer, 74 N. Y. 183: 30 
Am. Rep. 2S9; but Legislature may dictate manner and procedure • Midter of 
Mayor , w v r ‘' n - — J ' T ' ■ ni J — * --- - ■ - 

not be 
council. 

The permission to take private property for public use implies that it, shall 
not be taken for any other use. ’ ‘ 



CONSTITUTION OF STATE OF NEW YORK. 59 


Article I — Continued. 

partly for private use. Matter of Albany Street, 11 Wend. 148; nor where not 
necessary. Id. 

Property whose abuse engenders mischief is protected. Wynehamer v. 
People, 13 N. Y. 378; for example, intoxicating liquors. 

But to entitle the owner to compensation there must be an actual taking of 
private property; mere consequential damage does not give the right to 
compensation. Lansing v. Smith, 4 Wend. 9 ; Matter of Hamilton Avenue, 14 
Barb. 405 ; Sivctt v. City oj Troy, 62 id. 630; People v. Supervisors of Oneida . 
19 Wend. 102; Eadclif v. Mayor of Brooklyn, 4 N. Y. 195; relaying a rail¬ 
road track is not a “ taking.” Hentz v. L.I. Ii. Co., 13 Barb. 646; but an 
easement is such a “taking.” People v. Haines, 49 N. T."587; so is the laying 
of an elevated railway in a street, although the fee is in the public. Story v. 
N. Y. El. Ry. Co., 90 N. Y. 122; s. c., 43 Am. Rep. 116; so the conversion 
of a city reservoir into a public park; Webb v. Mayor, 64 How. Pr. 10; so tho 
erection of telegraph poles; Tiffany V. If. S. Ilium. Co., 67 id. 73. 

The citizen is not entitled to compensation where a public way to his 
property is closed, provided another is left. Fearing v. Irwin, 55 N. Y. 486. 

A law providing that when a plankroad is surrendered the land shall revert 
to the town, is valid as to laud to which the road got absolute title. Heath 
v. Barmore, 50 N. Y. 302. 

A law declaring a private stream, on which riparian owners have vested 
interests, a public highway, without providing compensation to the owners, 
is void. Morgan v. King, 35 N. Y. 454. 

The lien of a judgment, not ripened into title, may be superseded by the 
exercise of the right of eminent domain, upon compensation. Watson v. N. 
Y. Cent. R. R. Co., 47 N. Y. 157. 

A reversionary interest cannot be acquired without compensation. Matter 
of N. Y. Cent., etc., R. R. Co., 60 N. Y. 116. 

The State may appropriate the Indian lands for public use upon compen¬ 
sation ; Wadsworth v. Buffalo Hydraulic Association, J5 Bail). 83; may 
authorize the laying of railroads in highways or streets; Buffalo it- N. Y. 
City R. Co. v. Brainard, 9 N. Y. 100; or the taking of the franchises of a 
corporation ; Ex parte Kerr, 42 Barb, 119; or the appropriation of any stream; 
Partridge v. Eaton, 3 Hun, 533; or the pasturing of cat tic, etc., on highways. 
Hardenburgh x. Lockwood, 25 Barb. 9; or the drainage of lands. Matter of 
liyers, 72 N. Y. 1 ; s. c., 28 Am. Rep. 88. 

An act prohibiting a second railway in a street without consent of the first 
is valid. Matter of Thirty-fourth Street R. Co., 37 Hun, 442. 

An act vacating a street and vesting the soil in the corporation is unconsti¬ 
tutional; John Street, 19 Wend. 659; nor can the Legislature reduce the 
width of a road and vest the surplus in the former owner who had already 
received compensation; People v. Commissioners of Palatine, 53 Barb. 70. 

When la'nds arc taken for public use, the public acquires absolute title, 
divested of dower; Moore v. New York, 8 N. V. 110; and of reversion ; Rex- 
ford v. Knight, 11 id. 308; but not where an casement only was acquired; 
Heard v. City of Brooklyn, G Old. 242; and may divert them to other pur¬ 
poses; Heyward v. New York, 7 id. 319: Heath v. Barmore, 50 id. 302. 

Where a"law provides adequate means lor obtaining compensation, it need 
not be actually paid before appropriation. Rider v. Stryker, 63 N. Y. 137; 
Pattcnx. N. El. By. C'o.,3Abb. N. C. 306; Matter <f U. S., 46 N . Y. 227; 
Matter of Mayor, 99 id. 569. 

But the owner may not be remitted to a tax fund for compensation. Sage 
v. City of Brooklyn, 89 N. Y. 189; Matter of Church, 92 id. 1. 

The power may not be exercised by a private corporation. Buscnbury v. 
Mut. Teleg. Co., 11 Abb. N. C.410. 

By the Federal Constitution, art. 1, ? 10, snbd. 1, no State can pass any ex 
post facto law, or law impairing the obligation of contracts. 

i-Jx post facto LAWS.—This provision has no application to laws relating 
exclusively to private rights ; Southwick v. Southwick, 49 N. Y., 510; and ap¬ 
plies only to crimes and punishments; Bash v. Van Kleeck, 7 Johns. 477. 

What laws are ex post facto.—A law increasing the punishment de¬ 
nounced against an act when committed, or changing the punishment with¬ 
out lessening it; Shepherd v. People, 25 N. Y. 4!:6; Hartung v. People, 26 id. 
127; an act imposing upon electors a test oath as to past conduct; Green v. 
Shumway, 39 id. 418. 


60 CONSTITUTION OF STATE OF NEW YORK 


Article I — Continued. 

An act forbidding suit, on insurance policies by a home company if assured 
die in a State imposing certain restrictions on companies of this State. 
Hamilton x. Knicfc. Li/e Ins. Co., N. Y. Daily Keg., Dec. 15, 1882. 

What laws ark not kx post facto. — Those changing the rules of evidence 
of the details of a criminal trial; People v. Stokes, 53 N. Y. 164; a law grant¬ 
ing peremptory challenges to the people ; Walter v. People, 32 id. 147; an act 
of Congress providing that deserters from military service, who shall refuse 
to return to service within a specified time, shall forfeit their citizenship; 
Gotchens v. Matheson, 58 Barb. 152; a law increasing punishment; People v. 
Raymond, 32 JIun, 123. 

The former law cannot be revived as to persons who meantime have ob¬ 
tained an adjudication in their favor. Hartung v. People, supra. 

Laws impairing obligation of contracts, what are. —Laws divesting 
vested rights in property. Benson v. Mayor of New York, 10 Barb. 223; 
whether by State grant. People v. Platt, 17 Johns. 105; People, ex rel. Foun¬ 
tain, v. Supervisors of Westchester, 4 Barb. 64; or by private conveyance. 
Van Rensselaer v. Ball, 10 N. Y. 100 ; laws affecting marital rights already 
acquired in property. White v. White, 5 Barb. 474 ; Lawrence v. Miller, 2 
N. Y. 245; laws extending time for redemption from tax sale where pur¬ 
chaser has already got title. IHkeman v. Dikeman, 11 Pai. 4S4; laws alter¬ 
ing descent of lands already vested. Me Cloughry v. Lyon, 0 Cow. 664 ; where 
a grant to one bridge company prohibits the erection of another bridge within 
a certain distance, a subsequent grant to another company. Chenango Bridge 
Co. v. Binghamton Bridge Co., 3 Wall. (U. S. Sup. <Jt.) reversing 27 N. Y. 87; 
franchises of a corporation unreservedly granted. McLaren v. Pennington, 
1 Pai. 102; a ferry franchise. Benson v. New York, 10 Barb. 223; insolvent 
laws in their retrospective action. Roosevelt v. Cebra, 17 Johns. 108; an act 
releasing a city on stolen bonds in hands of a bona fate holder upon issuing 
duplicates to the original owner. People v, Otis, 00 N. Y. 48. 

What ARE not.— See Matter of Buffalo, etc., R. Co., Ill N. Y. 132. Laws 
affecting prospective marital rights,'as courtesy. Thurber v. Townsend, 22 
N. Y. 517 ; ami inchoate dower. Richardson v. Pulver, 63 Barb. 67. Game 
laws. Phelps v. Racey, 60 N. Y. 10. Statutes exempting property from 
taxation. People, v. Roper, 35 id. 620; People v. Comm'rs, 47 id. 501. Laws 
substituting a salary for fees of a public oflicer. Conner v.- New York, 5 id. 
285; or taking away such compensation entirely. Conner v. New York, id. 
285. A law repealing a clause in (lie charter of a bridge company prohibiting 
the erection of another bridge within a certain distance. Fort Jdam Bridge 
Co. v. Smith, 30 id. 44. A statute directing the review of a municipal assess¬ 
ment declared by the original act to be final and conclusive. Widening 
of Broadway, 49 id. 150; Clark v. Miller, 54 id. 528. A license to sell liquor. 
Board of Excise v, Barry, 34 id. 654. Laws modifying privileges of a corpo¬ 
ration where the right to amend was reserved in the charter. Hyatt v. 
Whipple, 37 Barb. 595; as a law rendering stockholders individually liable. 
Empire City Bank, 18 N. Y. 199; Ex parte Reciprocity Bank, 22 id. 9. Laws 
changing or repealing powers con ferred on municipal corporations. People 
V. Morris, 13 Wend. 325; Darlington v. New York, 31 N. Y. 164. Laws 
merely affecting the remedy. Ex parte Palmer, 40 id. 561; even if a remedy 
is taken away. Lennon v. New York, 55 id. 361 ; as exemption laws. Morse 
v. Gould, 11 id. 281; laws abolishing distress for rents. Van Rensselaer v. 
Snyder, 13 id. 299; or a future right of appeal. Grover v. Coon, 1 id. 536; 
People v. Voider, 55 id. 675; a reasonable statute of limitations. Rexford v. 
Knight, 11 id. 308; an act reducing the time to redeem a mortgage sale 
Butler x. Palmer, \ Hill, 324. Mechanics’ lien laws. Jlauplman v. Callin' 
20 N. Y. 217. An act reviving proceedings against, personal representatives 
of deceased assignees. Ev parte Grove, 53 N. Y.G45. Insolvent laws as to 
prospective action. Mather v. Bush, 16 Johns. 233. National bankrupt laws 
McCormick v. Pickering, 4 N. Y. 276. The exercise of the right of eminent 
domain. Lansing v. Smith, 4 Wend. 9. The civil damage act. Bertholf v. 
O'Reilly, is Alb. L. Jour. 389. An act repealing a tax exemption I’edple 
ex rel. Davies, v. Comm'rs, 47 N. Y. 501. An act suspending public work and’ 
thus involving a breach of contract with a citizen. Lora v. Thomas 64 id. 
107. An act declaring any evidence prim a facie proof. Howard x Moot id 
262 ; an act regulating business by foreign insurance companies. People v. 


CONSTITUTION OF STATE OF NEW YORK. 61 


Article I — Continued. 

Fire Ass’n of Philadelphia , 92 N. Y. 311; a statute repealing a statute allow¬ 
ing merely equitable claim against a county before payment. People v. Su¬ 
pervisors, Cl id. 109; 23 Am. Rep. 94; an act giving to lire departments the 
tax on foreign insurance companies. Trustees v. Roome, 93 N. Y. 313; 45 
Am. Rep. 217 ; an act allowing others to use a street railway on making com¬ 
pensation. Sixth Ave. K. Co. v. Kerr,12 N. Y. 330; a law imposing a tax 
on foreign corporations. People v. Equit. Trust Co., 96 id. 387; People v. 
Home Ins. Co., 92 id. 328. 

Compensation.— Benefit to the adjacent land of an owner whose land is 
taken for a public use is compensation, within this provision, and may equal¬ 
ize the damage. Betts v. Williamsburgh, 15 Barb. 255. 

The inchoate right of dower of the wife of the owner of land so taken is 
divested by compensation to the husband. Moore v. Mayor , 8 N. Y. 110. 

A statute deferring the payment of the compensation until it can be raised 
by tax is constitutional. Hammersly v. Mayor, 50 N. Y. 533; Chapman v. 
Gates, 54 id. 132. 

Payment into court, under the general railroad act, when there are adverse 
claims to the compensation, is valid. Matter of N.-. Y. C. <£ II. R. li. It. Co., 
60 N. Y. 116. 

The clause “ be deprived of life, liberty or property without due process of 
law,” is to have a large and liberal interpretation. People v. King, 110 N. Y. 

423. 

A street railroad franchise is “ property ” in the highest sense of the term, 
and not a mere license or privilege revokable at the will of the State. People 
v. O'Brien, 111 N. Y. 40, 41. 


JPrivate i>roperty —Private roads. 

Sec. 7. When private property shall be taken for any 
public use, the compensation to be made therefor, when 
such compensation is not made by the State, shall be as¬ 
certained by a jury or by not less than three commissioners 
appointed by a court of record, as shall be prescribed by 
law. Private roads may be opened in the manner to be 
prescribed by law; but in every case the necessity of the 
road and the amount of all damage to be sustained by the 
opening thereof shall be first determined by a jury of free¬ 
holders, and such amount, together with the expenses of 
the proceeding, shall be paid by the person to be benefited. 

See Matter of Village of Middleton, 82 N. Y. 196. 

This mode of assessing damages does not apply to assessments of benefits 
chargeable on owners whose lands are benefited by a local improvement. 
People, ex red. Griffin, v. Mayor, 4 N. Y. 419. 

The “jury ” referred to means a body drawn in the ordinary mode, but 
whose decision may be pronounced by a majority. Cruger v. Hudson R. R. 
Co., 12 N. Y. 19b. 

An act providing that such assessors may be appointed bv a common 
council, is unconstitutional. House v. City of Rochester, 15 Barb. 517; so 
where the common council is empowered to select twelve and draw three for 
commissioners. Mengcsv. City of Alhatiy, 56 N. Y. 374; Hilton v. Bender, 

69 id. 76. 

A statute providing for re-assessment by a jury, when an assessment by 
commissioners is unsatisfactory, is valid. Clarke v. Miller, 42 Barb. 255. 

The creation of a new road, which may answer as a substitute for a private 


63 CONSTITUTION OF STATE OF NEW YORK 


Article I — Continued. 

way, does not affect the title of the party to the private way. Orounse v. 
Wemple, 29 N. Y. 540. 

Where there has been an assessment in one mode, the Legislature may 
direct a re-assessment in the other. Clark v. Miller, 54 N. Y. 528. 


Freedom of speech and of tlic press. 

Sec. 8. Every citizen may freely speak, write and pub¬ 
lish bis sentiments on all subjects, being responsible for 
tbe abuse of that right; and no law shall be passed to re¬ 
strain or abridge the liberty of speech or of the press. In 
all criminal prosecutions or indictments for libels, the 
truth may be given iu evidence to the jury; and if it shall 

appear to the jury, that the matter charged as libelous is 
true, and was published with good motives, and for justi¬ 
fiable ends, the party shall be acquitted; and the jury shall 
have the right to determine the law and the fact. 

This applies only to criminal'prosecutions. [George v. Jennings, 4 Ilun, 

66 . 

An act prohibiting advertising lotteries is valid. Hart People, 26 Hun, 


Two-third bills. 

Sec. 9. The assent of two-thirds of the members elected 
to each branch of the Legislature shall be requisite to 
every bill appropriating the public moneys or property for 
local or private purposes. 

Such bills must show on their face the requisite vote. People v. Comrs., 
54 N. Y. 276 ; 13 Am. Rep. 581. 

This applies to appropriations for purposes either private or local. People 
V. Allen, 42 N. Y. 378. 

The acts concerning the relinquishment of escheats did not require a two- 
thirds vote ; Knglishbee v. Helmuth, 3 N. Y. 294; nor the act substituting 
commutation for military service; People, ex rel. Scott, v. Supervisors, 8 id. 
317; the term “public moneys” means moneys belonging to the State; 
Matter of Tax Payers of Kingston, 40 How. Pr. 441; the appropriation of 
money to improve a particular river is local, within this .provision ; People , 
ex rel. Adart, v. Allen, 42 N. Y. 378. 

An act vesting in a town for road purposes the title of the State to lands, 
is within this provision. People,ex rel. Purdy, v. Commis. of Jlighways of 
Marlborough, 54 N. Y. 276; 13 Am. Rep. 581. 

An act declaring the compensation of a public officer te be a iniblic charge, 
and directing a board of supervisors to allow it, is not within this provision. 
Morris v. People, 3 Hen. 381. 

Does not apply to an act directing that commissions formerly allowed to 
county treasurers go to the counties. Supervisors of Seneca County v. Allen, 
99 N. Y. 532. 


CONSTITUTION OF STATE OF NEW YORK 


03 


Article I — Continued, 

Itiglit of petition—Divorces— Lotteries, 

Sec. 10. No law shall be passed abridging the right of 
the people peaceably to assemble and to petition the gov¬ 
ernment, or any department thereof, nor shall any divorce 
be granted, otherwise than by due judicial proceedings; 
nor shall any lottery hereafter be authorized or any sale of 
lottery tickets allowed within this State. 

Payment of prizes in money is not an essential ingredient of a lottery; it is 
equally a lottery if the prizes are lands or chattels. Governors of Alms-house 
v. Am. Art Union, 7 N. Y. 228. 

The sale of foreign lottery tickets is within the prohibition. Charles v. 
People, 1 N. Y. 180. 

The sale of prize packages of candy, some containing money, or tickets 
entitling the purchaser to other property, constitutes a lottery. Hull v. 
liuyyles, 56 N. Y. 424. 

A “gift concert” enterprise is a lottery. Neyley v. Devlin, 12 Abb. (N.S.) 
210 . 

Any distribution of prizes by chance is a lottery. Jiol/e v. Dclmar, 7 Rob. 

80 . 

“Playing policy” is a lottery; Wilkinson v. Gill , 74 N. Y. 63; 30 Am. 
Pep. 264; but. the issue of foreign government bonds with prizes is not; 
Kuhn v. Koehler, 96 N. Y. 362; 48 Am. Rep. 628. 

A statute may prohibit the sale of tickets in a lottery in another State and 
lawful there. People v„ Noellce, 94 N. Y. 137 ; 46 Am. Rep. 128. 


Kiglit of property in lands-Esclicats 

Sec. 11. The people of this State, in their right of sov¬ 
ereignty, are deemed to possess the original and ultimate 
property in and to all lands within the jurisdiction of the 
State; and all lands the title to which shall fail, from a 
defect of heirs, shall revert, or escheat to the people. 

The acts of 1833 and 1834 concerning relinquishment of escheats arc consti¬ 
tutional. Englishbee v. Hclmuth, 3 N. Y, 294. 

Escheats are subject to claims of creditors; Movers v. White, 6 Johns. Ch. 
360; and outstanding life estates; People v. Conklin, 2 Hill. 67; and purchase- 
money mortgages. Farmers' Loan and r lYust Co. v. People, 1 Sandf. Ch. 139. 

A trust cannot defeat the right of escheat; as in the case of an alien; 
Leggett v. Dubois, 5 Pai. 114 ; nor adverse possession ; Me Coughal v. Ryan, 27 
Barb. 376; nor naturalization, by retroactive clfect. llcncy v. Brooklyn 
Benev. Soc., 39 N. Y. 333. 


Feudal tenures abolished. 

Sec. 12. All feudal tenures of every description, witli 
all their incidents, are declared to be abolished, saving, how¬ 
ever, all rents and services certain which at any time here¬ 
tofore have been lawfully created or reserved. 


64 CONSTITUTION OF STATE OF NEW YORK. 


Article 1 — Continued. 

Allodial tenure. 

Sec. 13. All lands within this State are declared to 

be allodial, so that, subject only to the liability to escheat, 

the entire and absolute property is vested in the owners, 

according to the nature of their respective estates. 

French grants are not a legal title. Jackson v. Ingraham, 4 Johns. 103. 

The title to lauds under water is in the people. Gould v. Hudson It. It. It. 
Co., 6N. If. 522. 


Certain leases invalid. 

Sec. 14. No lease or grant of agricultural land, for a longer 
period than twelve years, hereafter made, in which shall 
be reserved any rent or service of any kind, shall be valid. 

A lease of agricultural lands for twelve years, with covenants for renewals. 
Is void as to the renewals, but good for the original term. Hart v. Hart , 22 
Barb. 606. 

Two simultaneous leases of same lands, one for eight and the other for 
twelve years, botli void. Clark v. Barnes, 76 N. Y. 301; 33 Am. liep. 306. 

In consideration of a covenant to support the plaintilf lor life, she conveyed 
her real estate for life, and certain personal estate, and covenanted to deviso 
a parcel of laud; held not a lease within this provision. Stephens v. Reynolds , 
6 N. Y. 454. 

In order to render a lease void under this provision, there must be a reser¬ 
vation of a periodical rent as compensation for the estate granted ; a grant 
for life or lives, upon a good consideration, payable at once or in installments, 
not by way of rent, is valid. Parsell v. Stryker, 41 N. Y. 480. 

A lease of agricultural lands for longer than twelve years is void, although 
for other than agricultural purposes, unless there is a restriction as to their 
use in the lease. Odell v. pur ant, 62 N. Y. 524. 


Fincsaml quarter sales abolished. 

Sec. 15. All fines, quarter sales, or other like restraints 
upon alienation reserved in any grant of land, hereafter to bo 
made, shall be void. 

A condition of quarter sale in a lease in fee is void. Be I’uyster v. Michael, 
6 N. Y. 467. 


Sale of lauds* 

Sec. 16. No purchase or contract for the sale of lands 
in this State made since the fourteenth day of October, one 
thousand seven hundred and seventy-five ; or which may 

hereafter be made, of, or with the Indians, shall be valid, 
unless made under the authority, and with the consent of 
the Legislature. 

This provision applies to a purchase [from a single Indian. Goodellv . 
Jackson, 20 Johns. 603. 


CONSTITUTION OF STATE OF NEW YORK. 65 


Article I — Continued. 


Old colony laws and acts of tlie Legislature — Com¬ 
mon law —Commissioners to be appointed — Their 
duties. 

Sec. 17. Such, parts of the common law, and of the acts 
of tho Legislature of the Colony of New York, as together 
did form the law of the said Colony, on the nineteenth day 
of April, one thousand seven hundred and seventy-five, and 
the resolutions of the Congress of the said Colony, and of 
the convention of the State of New York, in force on the 
twentieth day of April, one thousand seven hundred and 
seventy-seven, which have not since expired, or been re¬ 
pealed or altered ; and such acts of the Legislature of this 
State as are now in force, shall be and continue the law of 
this State, subject to such alterations as the Legislature 
shall make concerning the same. But all such parts of the 
common law, and such of the said acts, or parts thereof, as 
are repugnant to this Constitution, are hereby abrogated; 
and the Legislature, at its first session after the adoption 
of this Constitution, shall appoint three commissioners, 
whose duty it shall be to reduce into a written and system¬ 
atic code the whole body of the law of this State, or so 
much and such parts thereof as to the said commissioners 
shall seem practicable and expedient. And the said com¬ 
missioners shall specify such alterations and amendments 
therein as they shall deem proper, and they shall at all 
times make reports of their proceedings to the Legislature, 
when called upon to do so; and the Legislature shall pass 
laws regulating the tenure of office, the filling of vacancies 
therein, and the compensation of the said commissioners, 
and shall also provide for the publication of the said code, 
prior to its being presented to the Legislature for adoption. 


So much only of the common law was in force here as was applicable to 
our circumstances and condition ; Myers v. Gemmel , 10 Barb. 537 ; thus, the 
doctrine of easements in light and air never prevailed here. 

The statute law of the mother country, when introduced by consent into 
the colony, became part of the common law. Bogardus v. Trinity Church, 4 


1 Th^EnVush law of charitable uses is no part of the law of this State. 
land v, Alcoclc, 108 N. Y. 312; 2 Am. St. Rep. 420. 


Uol- 


5 


66 CONSTITUTION OF STATE OF NEW YORK. 


Article I — Continued. 

Grants of land since 1 775 — l*rior grants. 

SEC. 18. All grants of land within tlio State, made by 
the King of Great Britain, or persons acting under his 
authority, after the fourteenth day of October, one thou¬ 
sand seven hundred and seventy-live, shall be null and 
void; but nothing contained in this Constitution shall af¬ 
fect any grants of land within this State, made by the 
authority of the said king or his predecessors, or shall an¬ 
nul any charters to bodies politic and corporate, by him or 
them made, before that day; or shall affect any such grants 
or charters since made by this State, or by persons acting 
under its authority; or shall impair the obligation of any 
debts contracted by the State, or individuals, or bodies 
corporate, or any other rights of property, or any suits, 
actions, rights of action, or other proceedings in courts of 
justice. 

This provision does not prevent the Legislature from altering or repealing 
charters in which that right was reserved. Matter of Reciprocity Rank, 
supra . 

Board of assistant aldermen in city of New York legally abolished. Dcma- 
rest v. Mayor , 74 N. Y. 161. 


ARTICLE II. 

Qualification of voters. 

* Section 1. Every male citizen of the age of twenty- 
one years who shall have been a citizen for ten days and 
an inhabitant of this State one year next preceding an 
election, and the last four months a resident of the county 
and for the last thirty days a resident of the election dis¬ 
trict in which he may offer his vote, shall bo entitled to 
vote at such election in the election district of which he 
shall at the time be a resident, and not elsewhere, for all 
officers that now are or hereafter may be elective by the 
people, and upon all questions which may be submitted 
to the vote of the people, provided that in time of war no 


* As amended by vote of the people, November 1874, 







CONSTITUTION OF STATE OF NEW YOKE. 67 


Article II — Continued. 

elector in the actual military service of the State, or of the 
United States, in the army or navy thereof, shall be de¬ 
prived of his vote by reason of his absence from such elec¬ 
tion district; and the Legislature shall have power to pro¬ 
vide the manner in which and the time and place at which 
such absent electors may vote, and for the return and can¬ 
vass of their votes in the election districts in which they 
respectively reside. 

See People v. Barber , 48 Ilun, 198. 

An act providing that no supervisor shall be superintendent of poor is valid 
within this provision. People , ex rel. Furman , v. Clute, 50 N. Y. 451. 

County canvassers may not reject election returns on affidavits that tho 
duplicates on tile have been changed since tiling. People v. Canvassers , 12 
Abb. N. C. 77; 64 How. 334. 

Persons excluded from tlie right of suffrage, etc. 

*Sec. 2. No person who shall receive, expect, or offerto re¬ 
ceive, or pay, offer or promise to pay, contribute, offer or 
promise to contribute to another, to be paid or used, any 
money or other valuable thing as a compensation or reward 
for the giving or withholding a vote at an election, or who 
shall make any promise to influence the giving or with¬ 
holding any such vote, or who shall make or become directly 
or indirectly interested in any bet or wager depending upon 
the result of any election, shall vote at such election; and 
upon challenge for such cause, the person so challenged, 
before the officers authorized for that purpose shall receive 
his vote, shall swear or affirm before such officers that he has 
not received or offered, does not expect to receive, has not 
paid, offered or promised to pay, contributed, offered or prom¬ 
ised to contribute to another, to be paid or used, any money 
or other valuable thing as a compensation or reward for the 
giving or withholding a vote at such election, and has not 
made any promise to influence the giving or withholding of 
any such vote, nor made or become directly or indirectly inter¬ 
ested in any bet or wager depending upon the result of such 
election. The Legislature, at the session thereof next after 


* As amended by vote of the people, November 3,1374. 



G8 CONSTITUTION OF STATE OF NEW YOIiK. 


Article II — Continued. 

the adoption of this section, shall, and from time to time 
thereafter may, enact laws excluding from the right of suf¬ 
frage all persons convicted of bribery or of any infamous 

crime. 

Certain employments not to afl'ect residence of voters 

Sec. 3. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence, by reason of his 
presence or absence, while employed in the service of the 
United States; nor while engaged in the navigation of the 
waters of this State, or of the United States, or of the high 
seas; nor while a student of any seminary of learning; nor 
while kept at any alms-house, or other asylum, at public 

expense; nor while confined in any public prison. 

Soldiers’ Home at llath is an “ asylum.” Silvey v. Lindsay , 107 N. Y. 55. 


Laws to be passed. 

Sec. 4. Laws shall be made for ascertaining by proper 
proofs the citizens who shall be entitled to the right of suf¬ 
frage hereby established. 


lilection to be by ballot. 

Sec. 5. All elections by the citizens shall be by ballot, 
except for such town officers as may by law be directed to 
be otherwise chosen. 


ARTICLE III. 

Legislative powers. 

Section 1. The legislative power of this State shall be 

vested in a Senate and Assembly. 

Each of the departments of government—legislat ive. Judicial and executive, 
is restricted to the exercise of its own legitimate functions,and unless a legal 
and constitutional warrant can be found no one of the three should be per¬ 
mitted to invade the domain of the other. People, ex rel. Sabold, v. Webb. 23 
State Rep. 325. 

Legislative power is absolute and unlimited, except as restrained by the 
Constitution. Banlc of Chenango x. Brown, 26 N. Y. 467; 1 'conic v. Flagg. 
46 id. 401. 

Not only is the power, but the responsibility of legislation is imposed on 
the Legislature; they cannot submit any bill to the popular vote, except one 
providing for the contracting of a debt. Bar to v, Uimrod, 8 N. Y. 483. 


CONSTITUTION - OF STATE OF NEW YORK. GO 


Article III'— Continued. 

But they may delegate powers to pass ordinances to municipal corpora¬ 
tions. Tannery. Trustees of Albion. 5 Hill. 121. 

They may pass bills to take effect on the happening of a future event ; 
Corning v. Greene,, 23 Barb. 33; or granting power to be exercised upon con¬ 
ditions; Bank of Rome v. Village of Rome, 18 N. Y. 38; or through a pre¬ 
scribed medium; Bloodgood v. Mohawk d: Hudson R. R. Co., 18 Wend. 9; or 
submit to a vote of a municipality the expediency of borrowing money to 
build a railroad ; Clarke v. Rochester, 28 N. Y. 605; but cannot compel a 
municipality without its consent to become a stockholder in a railroad. 
People v. Batchellor, 53 id. 128. 

The Legislature has no judicial authority, and cannot bind the courts by a 
declaratory law; People v. Supervisors of New York, 16 N. Y. 424 ; nor declare 
in advance the intent of subsequent legislation, or its effect upon existing 
statutes. Mongeon v. People, 55 id. 613. 

The Legislature may erect a new county, and its discretion cannot be re¬ 
viewed by the courts; Rumsey v. People, 19 N. Y. 41 ; but it must provide 
for its taking its place as an entirety at once without the aid of further legis¬ 
lation. Lansing v. Carpenter, 20 id. 447. 

The Legislature is exclusive judge of the necessity of creating a corpora¬ 
tion. TJ. S. Trust Co. v. Brady, 20 Barb. 119; People, v. Bowen, 21 N. Y. 517. 

The Legislature may create inferior local courts; Sill v. Village of Corning, 
15 N. Y. 297; Hayner v. James, 17 id. 316; and vest, the power of choosing 
police officers of a municipality in a board. People, ex rel. Wood, v. Draper, 
15 id. 532. 

They may provide for the collection of demands against vessels navigating 
the interior waters of the State. King v. Greenway, 71 N. Y. 413. 

They may authorize actions in the name ot the people to recover moneys 
unlawfully"obtained from a municipal corporation. People v. Tweed, 63 N. 
Y. 202. 

They may ratify and validate a contract made by a municipal corporation 
ultra vires. Brown v. Mayor, id. 239. 

They may confirm an irregular election and ratify the title of a citizen to 
office. Peopled. Flanagan, 66 N. Y. 237. 

They cannot tax National banks. People v. Commissioners, 67 N Y. 516. 

They may levy a tax for the benefit of an individual. Tenon of Guilford v. 
Board of Supervisors, 13 N. Y. 4>5. 

They cannot impose duties upon imports. People v. Maring, 3 Keyes. 374. 

They may direct enforcement of a judgment by imprisonment. People, ex 
rel. Underwood, v. Daniell, 50 N. Y. 274. 

They cannot legislate for surrender of fugitives from foreign justice. 
People, ex rel. Bar low, v. Curtis, 50 N. Y. 321. 

They cannot tax an adjoining town for debt previously contracted by a city. 
Matter of Flalhush, 60 N. Y. 398. 

They may authorize the sale of lands of infants, even future contingent in¬ 
terests of those not in being, but not those of adults competent to act for 
themselves, except for taxes or assessments. Brevoort v. Grace, 53 N. Y. 245. 

They may tax capital employed in exporting cotton. People, ex rel. v. 
Board of Com'rs, 10 llun, 255. 

They cannot make valid by subsequent legislation a contract void by 
statute. N. Y. ds Oswego Midland R. R. Co. v. Van Horne, 57 N. Y. 473. 

But they may validate a contract not intrinsically invalid. Town of Du- 
aneshurgh v. Jenkins, hi N. Y. 177. 

They may pass a local option law. T allage of Gloversville v. Howell, 70 N. 
Y. 287. „ , 

They may pass an act to take effect upon the happening of a future event. 
People v. Fire Assn, of Philadelphia, 92 N. Y. 311. 

They may modify their own grants, l’eople v. French ,10 Abb. N. C. 41S. 

They cannot declare effect of subsequent legislation; Mongeon v. People, 
53 N. Y. 613 ; nor forestall legislation; l’eople v. Long I. R. Co.fi Abb. N. C. 
181 

They cannot validate railway aid bonds void for want of consent. Horton 
v. Town of Thompson, 71 N. Y. 513. . 

They may take away defenses founded on mere informalities. Tiffl v. City 
of Buffalo, 82 N, Y. 201. 


70 CONSTITUTION OF STATE OF NEW YORK. 


Article III —Continued. 

They may enact a statute of limitations as to existing causes of action for 
tort. Dubois v. City of Kingston, 20 Hun, 500. ... , 7 

They may enact that certain evidence shall be pruna facie proof. Howai a 

v. Moot, 64 N. Y. 262. v ,, rQ v , au 

They may modify the right of appeal. Butterfield v. Rudde, 58 M. i. 489. 
They may take away or give a particular form of remedy. People v. Su¬ 
pervisors,10 N. Y. 228. . ._ .. 

They may provide that no action shall be brought, against a city until the 
expiration of forty days from the presentation of the claim to the common 
council. Reining v. City of Buffalo, 102 N. Y. 308. 


Senate, number of—Assembly, number of. 

Sec. 2. The Senate shall consist of thirty-two members, 
and the Senators shall be chosen for two years. The Assem¬ 
bly shall consist of one hundred and twenty-eight members, 
who shall be annually elected. 


State devided into thirty-two senatorial districts — 
Boundaries thereof —Board of supervisors of the 
city of New York to divide the county Into lour 
senate districts—Certificate, etc., to be filed. 

Sec. 3. The State shall be divided into thirty-two dis¬ 
tricts, to be called Senate districts, each of which shall 
choose one Senator. The districts shall be numbered from 
one to thirty-two inclusive.* 

District number One (1) shall consist of the counties of 
Suffolk, Richmond and Queens. 

District number Two (2) shall consist of the county of 
Kings. 

Districts number Three (3), number Four (4), number 
Five (5), and number Six (6) shall consist of the city and 
county of New York. And the board of supervisors of said 
city and county shall, on or before the first day of May, one 
thousand eight hundred and forty-seven, divide the said 
city and county into the number of Senate districts, to 
which it is entitled, as near as may be of an equal number 
of inhabitants, excluding aliens and persons of color not 
taxed, and consisting of convenient and contiguous terri¬ 
tory; and no Assembly district shall be divided in the for¬ 
mation of a Senate district. The board of supervisors, 


* For existing Senate districts, see chapter 208 , Laws of 1879. 






CONSTITUTION OF STATE OF NEW TORE. 71 


Article III — Continued. 

when they shall have completed such division,shall cause cer¬ 
tificates thereof, stating the number and boundaries of each 
district and the population thereof, to be filed in the office of 
the Secretary of State, and of the clerk of said city and county. 

District number Seven (7) shall consist of the counties 
of Westchester, Putnam and Rockland. 

District number Eight (8) shall consist of the counties of 
Dutchess and Columbia. 

District number Nine (9) shall consist of the counties of 
Orange and Sullivan. 

District number Ten (10) shall consist of the counties of 
Ulster and Greene. 

District number Eleven (11) shall consist of the counties 
of Albany and Schenectady. 

District number Twelve (12) shall consist of the county 
of Rensselaer. 

District number Thirteen (13) shall consist of the coun¬ 
ties of Washington and Saratoga. 

District number Fourteen (14) shall consist of the coun¬ 
ties of Warren, Essex and Clinton. 

District number Fifteen (15) shall consist of the counties 
of St. Lawrence and Franklin. 

District number Sixteen (16) shall consist of the counties 
of Herkimer, Hamilton, Fulton and Montgomery. 

District number Seventeen (17) shall consist of the coun¬ 
ties of Schoharie and Delaware. 

District number Eighteen (18) shall consist of the coun¬ 
ties of Otsego and Chenango. 

District number Nineteen (19) shall consist of the county 
of Oneida. 

District number Twenty (20) shall consist of the counties 
of Madison and Oswego. 

District number Twenty-one (21) shall consist of tho 
counties of Jefferson and Lewis. 



72 CONSTITUTION OF STATE OF NEW YOKE. 

Article III — Continued. 

District number Twenty-two (22) shall consist of the 
county of Onondaga. 

District number Twenty-three (23) shall consist of the 
counties of Cortland, Broome and Tioga. 

District number Twenty-four (24) shall consist of the 
counties of Cayuga and Wayne. 

District number Twenty-five (25) shall consist of tlio 
counties of Tompkins, Seneca and Yates. 

District number Twenty-six (26) shall consist of the 
counties of Steuben and Chemung. 

District number Twenty-seven (27) shall consist of the 
county of Monroe. 

District number Twenty-eight (28) shall consist of the 
counties of Orleans, Genesee and Niagara. 

District number Twenty-nine (29) shall consist of the 
counties of Ontario and Livingston. 

District number Thirty (30) shall consist of the counties 
of Allegany and Wyoming. 

District number Thirty-one (31) shall consist of the 
county of Erie. 

District number Thirty-two (32) shall consist of the coun¬ 
ties of Chautauqua and Cattaraugus. 

Enumeration to l>c taken in 1855, and every ten 

years—Senate districts, liovv altered. 

Sec. 4. An enumeration of the inhabitants of the State shall 
be taken, under the direction of the Legislature, in the year 
one thousand eight hundred and fifty-five, and at the end of 
every ten years thereafter; and the said districts shall be so al¬ 
tered by the Legislature, at the first session after the return of 
every enumeration, that each Senate district shall contain, as 
nearly as maybe, an equal number of inhabitants, excluding 
aliens, and personsof color not taxed; and shall remain un¬ 
altered until the return of another enumeration, and shall at 
all times consist of contiguous territory; and no county shall 
be divided in the formation of a Senate district, except such 
county shall be equitably entitled to two or more Senators. 


CONSTITUTION OF STATE OF NEW YORK. 


c<*> 


I o 


Article III— Continued. 

Members of Assembly, number of, etc. 

*Sec. 5. The Assembly shall consist of one hundred and 
twenty-eight members, elected for one year. The mem¬ 
bers of Assembly shall be apportioned among the several 
counties of the State, by the Legislature, as nearly as may 
be, according to the number of their respective inhabitants, 
excluding aliens, and shall be chosen by single districts.! 
The Assembly districts shall remain as at present organized, 
until after the enumeration of the inhabitants of the State, 
in the year eighteen hundred and seventy-five. The Legis¬ 
lature, at its first session after the return of every enumer¬ 
ation, shall apportion the Members of Assembly among the 
several counties of the State, in manner aforesaid, and the 
board of supervisors in such counties as may be entitled 
under such apportionment to more than one member, 
except the city and county of New York, and in said city 
and county the board of aldermen of said city shall assem¬ 
ble at such time as the Legislature making such appor¬ 
tionment shall prescribe, and divide their respective coun¬ 
ties into Assembly districts, each of which districts shall 
consist of convenient and contiguous territory equal to the 
number of members of Assembly to which such counties 
shall be entitled, and shall cause to be filed in the offices 
of the Secretary of State and the clerks of their respective 
counties, a description of such districts, specifying the 
number of each district and the population thereof, accord¬ 
ing to the last preceding enumeration as near as can be 
ascertained, and the apportionment and districts shall 
remain unaltered until another enumeration shall be made 
as herein provided. No town shall be divided in the for¬ 
mation of Assembly districts. Every county heretofore 
established and separately organized, except the county of 
Hamilton; shall always be entitled to one member of the 

* As amended by vote of the people, November 3, 1874. 

t For existing! Assembly districts, .see chapter 208, Laws of 1879, and lists 
as apportioned by boards of supervisors. 



74 CONSTITUTION OF STATE OF NEW YORK. 


Article III — Continued. 

Assembly, and no new county snail be hereafter erected, 
unless its population shall entitle it to a member. The 
county of Hamilton shall elect with the county of Fulton, 
until the population of the county of Hamilton shall, 
according to the ratio, be entitled to a member. But the 
Legislature may abolish the said county of Hamilton, and 
annex the territory thereof to some other county or coun¬ 
ties. Nothing in this section shall prevent division at any 
time of counties and towns, and the erection of new towns 
and counties by the Legislature. 

This provision recognizes the power of the Legislature to erect new coun¬ 
ties. People v. Morrell , 21 Wend. 563. 

The Legislature cannot, by altering bounds of cities and towns alter an 
Assembly district except at the decennial apportionment. Kinne v. Syracuse, 
3 Keyes, 110. 

The provision for re-organizing Senate and Assembly districts at the next 
session of the Legislature after the decennial census is directory merely ; an 
art, for that purpose, passed at a subsequent session, is valid. Rumsey v. 
People, 19 N. Y. 41. 

This provision binds the Legislature as well as boards of supervisors. 
Landing v. Carpenter, 20 N. Y. 447. 

In determining the question of population, the Legislature are not con¬ 
fined to the last census, nor restrained in regard to the nature of the evidence 
as their basis of the action. DeCamp v. Eveland, 19 Barb. 81. 

A new county may be erected for municipal ami judicial purposes only, until 
the next apportionment, with right of suffrage to the electors meanwhile. Id. 


Pay of members. 

* Sec. 6. Each member of the Legislature shall receive 
for his services an annual salary of one thousand five 
hundred dollars. The members of either house shall also 
receive the sum of one dollar for every ten miles they shall 
travel, in going to and returning from their place of meet¬ 
ing, once in each session, on the most usual route. Sena¬ 
tors, when the Senate alone is convened in extraordinary 
session, or when serving as members of the Court for the 
Trial of Impeachments, and such members of the Assembly, 
not exceeding nine in number, as shall be appointed man¬ 
agers of an impeachment, shall receive an additional allow¬ 
ance of ten dollars a day. 


* As amended by vote of the people, November 3, 1874. 




CONSTITUTION OF STATE OF NEW YOHK. ?5 


Article III — Continued. 

No member to receive an appointment, 

* Sec. 7. No member of the Legislature shall receive any 
civil appointment within this State, or the Senate of the 
United States, from the Governor, the Governor and Sen¬ 
ate, or from the Legislature, or from any city government, 
during the time for which he shall have been elected; and 
all such appointments and all votes given for any such 
member for any such office or appointment shall be void. 

Persons disqualified from being; members. 

* Sec. 8. No person shall be eligible to the Legislature 
who, at the time of his election, is, or within one hundred 
days previous thereto has been, a member of Congress, a 
civil or military officer under the United States, or an officer 
under any city government. And if any person shall, after 
his election as a member of the Legislature, be elected to 
Congress, or appointed to any office, civil or military, under 
the government of the United States, or under any city 
government, his acceptance thereof shall vacate his seat. 

Time of election fixed. 

Sec. 9. The elections of Senators and Members of Assem¬ 
bly, pursuant to the provisions of this Constitution, shall 
be held on the Tuesday succeeding the first Monday of 
November, unless otherwise directed by the Legislature. 

Powers of each house. 

Sec. 10. A majority of each house shall constitute a 
quorum to do business. Each house shall determine the 
rules of its own proceedings, and be the judge of the elec¬ 
tions, returns and qualifications of its own members; shall 
choose its own officers; and the Senate shall choose a tem¬ 
porary President, when the Lieutenant-Governor shall not 
attend as President, or shall act as Governor. 


* As amended by vote of the people, November 3,1874. 




70 CONSTITUTION OF STATE OF NEW YORK. 


Article III — Continued. 

Journals to be kept. 

Sec. 11. Each house shall keep a journal of its proceed¬ 
ings, and publish the same, ’except such parts as may 
require secrecy. The doors of each house shall be kept 
open, except when the public welfare shall require secrecy. 
Neither house shall, without the consent of the otlier^ 
adjourn for more than two days. 

No member to be questioned, ete. 

Sec. 13. For any speech or debate in either house of tlio 
Legislature, the members shall not be questioned in any 
other place. 

Bills may originate in either house. 

Sec. 13. Any bill may originate in either house of the 
Legislature, and all bills nassed by one house may be 
amended by the other. 

Enacting clause of bills. 

Sec. 14. The enacting clause of all bills shall be “The 
People of the State of New York, represented in Senate 
and Assembly, do enact as follows,” and no law shall be 
enacted except by bill. 

Assent of a majority of all the members renulred. 
etc. 

Sec. 15. No bill shall be passed unless by the assent of 

a majority of all the members elected to each branch of the 

Legislature, and the question upon the final passage shall 

be taken immediately upon its last reading, and the yeas 

and nays entered on the journal. 

This requirement is satisfied where a bill having been so passed, subsequent 
amendments, passed in the same manner, are receded from by a vote with¬ 
out calling the ayes and nays. People, ex rel. Scott, v. Supervisors, 8N. Y. 
3)7. 

This provision is only directory; an act passed otherwise is not declared 
void. Id.; People, ex rel. Burrows, v. Supervisors, 27 llarb. 584. 

Restriction as to private and local bills. 

Sec. 1G. bo private or local bill, which may be passed 
by the Legislature, shall embrace more than one subject, 
and that shall be expressed in the title. 





CONSTITUTION OF STATE OF NEW YORK. 77 


Article III — Continued. 

An act containing both general and local provisions is not a local act, and 
the general provisions are not void because the title refers only to the local 
provisions; People v. McCann , 16 N. Y. 58; but the local provisions are void 
unless specitied in the title. People v. Supervisors of Chautauqua , 43 N. Y. 

An expression of the general subject is sufficient. Neuendorf v. Duryea. 
69 N. Y. 557. 

It is enough if it fairly and reasonably announces the subject; the details 
and the means need not be set forth. Mailer of Petition of Mayer, 50 N. Y. 
504; People, ex rel. Davies, v. Comr's, 47 id. 501. The title need not be the 
most exact expression possible. Matter of Mayer, 50 id. 504. 

An act is local when limited to a particular locality, irrespective of popu¬ 
lation. Peoples. O'Brien, 38 N. Y. 193. 

It is not necessary to constitute a public act that it should be equally ap¬ 
plicable to all parts of the State ; it is enough that it extends to all persons 
within the territory described. Burnham v. Acton, 7 Rob. 395. 

A local act with a title apparently of general application, the subject of 
which is sufficiently set forth, is valid. Neuendorf v. Duryea, supra. 

As to what acts are, and what are not, within this provision, see People v. 
Hills, 35 N. Y. 449: People v. Briggs, 50 id. 553; Matter of Petition of A star, 
id. 363; Matter of Van Antwerp, 56 id. 2G1 ; Matter of Petition of Volkenniug, 
62 id. 650; Sullivan v. Mayor, 53 id. 652; People v. Dudley, 58 id. 323; Wenzler 
v. People, 58 id. 516; People v. Quigg, 59 id. 88; People v. Willsea, 60 id. 507 ; 
Peoples. Trustees of Dansville, t Hun, 595; Gaskin v. Meek, 42 N. Y. 186; 
People, ex rel. Schenectady Astr. Observatory, v. Allen, id. 404; Healey s. 
Dudley, 5 Laos. 115; Matter of Ian A ntwerp, 56 N. Y. 261 ; Harris v. People, 
59 id. 599; Gordon v. Cor ties, 47 id. 608; People, ex rel. Hayden, v. City of 
Rochester, hi) id. old; Hubers. People, 49 ill. 132; and note to Neuendorfs. 
Duryea, 25 Am. ltep. 239; also People, ex rel. v. Sap. of Essex Co., 70 N. Y. 
229; In re Pet. N. Y. Elev. R. R. Co., id. 327; People, ex rel. s. Dunlap, 66 
id. 162; In re Prospect Park, etc., Co., 67 id. 372; People, ex rel. Com'rs, s. 
Banks, id. 568; People, ex rel. s. Briukerhoff, 68 id. 259; Kerrigan v. Force, 
id. 381; Billings s. Mayor, id. 113; Matter of Mayer, 50 id. 504; Matter of 
Flalbush, 60 id. 398; Peoples. Crissey, 91 id. 616; Matter of U/ison, 89 id. 67; 
Webb s. Mayor, 64 How. Pr. 10; People s. Partridge, 13 Abt^. N. C. 410; 
Matter of Paul, 94 N. Y. 497 ; Van Vrankcnv. Schenectady, 31 Hun, 516, Utica 
Water- Works s. City of Utica, id. 426; Matter of U. S., 66 Ilow. Pr. 517; 96 
N. Y r . 227; Matter of Mayor, 99 id. 569; Chamberlain v. Taylor, 36 Hun, 24 ; 
Supervisors of Seneca s. Allen, 99 N. Y. 532; Harris v. Supervisors of Ni¬ 
agara, 33 linn, 279; Matter of Church, 92 N. Y. 1; McDonald s. Mayor, 19 
Week. Dig. 513; Board of Water Com'rs s. Dwight, 101 N. Y- 9; In re Knaust, 
id. 188; Tingue v. Village of Port Chester, id. 294 ; Cole v. State, 102 id. 48; 
Johnston s. Spicer, 107 id. 186; Ensign v. Barse, id. 329; People v. Squire, 
id. 593; Prentice, v. Western, 47 Hun, 121; Wrought Iron Bridge Co. v. Attica, 
49 id. 513; McCabe s. Kenny, 52 id. 514 ; Astor s. Arcade R. Co., 113 N. Y. 93; 
People s. O'Neil, 109 id. 251. 


Existing law not to be made a part of an act except 
by Inserting it therein. 

* Sec. 17. No act sliall be passed which shall provide 
that any existing law, or any part thereof, shall he made or 
deemed a part of said act, or which shall enact that any 
existing law, or any part thereof, shall be applicable, 
except by inserting it in such act. 


* Sections 17 to 25, both inclusive, added by vote of the people, November 
3, 1874. 






78 CONSTITUTION OF STATE OF NEW YORK. 


Article III — Continued. 

An act recognizing and validating a concurrent resolution is not within 
this prohibition; People v. Lamed , 5 Hun, 626. 

This provision does not require the re-enactment of general laws necessary 
to carry into effect a special statute. People, ex rel. Comrs.,v. Banks, 67 N. 
Y. 568. 

An act altering a town by creating a new one out of it, and providing that 
all laws applicable to the old town is valid. People, ex rel. v. llayt, 7 Hun, 
39. 

See Wells v. City of Buffalo, 14 Tluti, 438; Ilurlburt v. Banks. 1 Abb. N. C. 
157 ; People v. Ifayt, 7 Ilun,39 ; Hathaway v. Tuttle, 12 Week. Dig. 240; Nash 
v. While s Bank of Buffalo, 37 Ilun, 57. 

Private ami local Dills, in u liat cases they may not 
be passed —General laws to be passed— Street rail¬ 
roads, condition upon which tliey may be author¬ 
ized. 

Sec. 18. The Legislature shall not pass a private or local 
bill in any of the following cases: 

Changing the names of persons. 

Not applicable to corporations. Moran v. Lydeclcer, 11 Abb. N. C. 298; 
27 Ilun, 582. 


Laying out, opening, altering, working or discontinuing 
roads, highways or alleys, or for draining swamps or other 
low lands. 

See People, fee rel. Morrill , v. Supervisors, 112 N. Y. 585. 

Not applicable to city streets or avenues. Matter of Woolsey, 95 N. Y. 135. 


Locating or changing county seats. 

Providing for changes of venue in civil or criminal cases. 
Incorporating villages. 

But they may amend a village charter existing before this provision was 
adopted. Reed v. Schmit , 37 Ilun, 223. 


Providing for election of members of boards of super, 
visors. 

An act providing for e'ection of supervisors in four counties only is voiclL 
People v. Hoffman , 60 llow. I’r. 324. 

Selecting, drawing, summoning or impaneling grand or 
petit jurors. 

Not applicable to an amendment simply transfeiTlUg power of selection of 
petit jurors. People v, Petreo^ 92.N. Y. 128. 


CONSTITUTION OP STATE OF NEW YORK. 79 


Article III — Continued. 

Regulating the rate of interest on money. 

lhe opening and conducting of elections or designating 
places of voting. 

C reating, increasing or decreasing fees, percentage or 
allowances of public officers, during the term for which 
said officers are elected or appointed. 


Not applicable to general bill increasing fees of sheriffs of Kings county; 
Kerrigan v. lorce, 68 N. Y. 381; nor to New York city consolidation act; 
Ricketts v. Mayor, 67 flow. Pr. 320; nor to regularly salaried officers; Man- 
0a7>i v. City of Brooklyn, 98 N. Y. 585; nor to certain county treasurers; 
Supervisors oj Seneca v. Allen, 99 id. 532. See Cole v. State, loi id. 48. 

Nor to act conferring exclusive jurisdiction in criminal matters upon 
police mstices. People, ex ret. Lyneh , v. Duffy, 49 Hun, 276. 


Granting to any corporation, association or individual 
the right to lay down railroad tracks. 

See Asturv. Ai'cade, R. Co., 113 N. Y. 93 ; Farnham v 1‘enedict, 107 fal. 160. 
An act authorizing the construction of an “illustrative section’’ of ele¬ 
vated railway on a street iu New York is invalid. People v. Loew, 102 N. Y. 
471. 

An act extending the expired time of a railroad is invalid. Matter of 
Brooklyn, etc., R. Co., 75 N. Y. 335 ; Patten v. N. Y. El. U. Co., 3 Abb. 306. 

But an act restricting and regulating an existing right is not within the 
prohibition. Gilbert El. Ry. Co. v. Anderson, 3 Abb. N. 0. 434; People v. 
Lony I. U. Co., 9 id. 181. 


Granting to any private corporation, association or in¬ 
dividual any exclusive privilege, immunity or franchise 
whatever. 

See Syracuse Water Co..\. City of Syracuse, 26 State Rep’r, 374; Matter of 
Union Ferry Co. .98 N. Y. 139. The Legislature may regulate powers pre¬ 
viously granted to a corporation. Matter of N. Y. El. Ry. Co., 70 N. Y. 
327; Moran v. Long Island City, 101 id. 439. 


Providing for building bridges, and chartering compa¬ 
nies for such purposes, except on the Hudson river below 
Waterford, and on the East river, or over the waters form¬ 
ing a part of the boundaries of the State. 

The Legislature shall pass general laws providing for 
the cases enumerated in this section, and for all other cases 
which in its judgment may be provided for by general 
laws. But no law shall authorize the construction or ope¬ 
ration of a street railroad except upon the condition that 






80 CONSTITUTION OF STATE OF NEW YORK. 


Article III — Continued . 

the consent of the owners of one-half in value the prop 
erty bounded on, and the consent also of the local authori¬ 
ties having the control of that portion of a street or high-, 
way upon which it is proposed to construct or operate such 
railroad be first obtained, or in case the consent of such 
property-owners cannot be obtained, the General Term of 
the Supreme Court, in the district in which it is proposed 
to be constructed, may, upon application, appoint three 
commissioners who shall determine, after a hearing of all 
parties interested, whether such railroad ought to be con¬ 
structed or operated, and their determination, confirmed by 
the court, may be taken in lieu of the consent of the prop¬ 
erty-owners. 

See Matter of Union, etc.. It. Co., 112 N. Y. 61; Matter of Met. Ii. Co., Ill 
Id. 5S8; Matter of N. Y ., etc.. It. Co., 107 id. 42. 

This provision as to highways applies only to public highways. People, ex 
ret. Com'rs, v. Ranks, 07 N. Y. 50.8. 

These provisions for consent of property owners do not apply to the city of 
New York. In re Gilbert Elev. li. Co., 70 N. Y. 361. 

The Legislature may enact that a second railway shall not be constructed 
in a street until the consent of the first is obtuined. In re Thirty-fourth 
Street li. Co., 102 N. Y. 343. 


The Legislature not to audit or allow any private 

claim. 

Sec. 19. The Legislature shall neither audit nor allow 
any private claim or account against, the State, but may 
appropriate money to pay such claims as shall have been 
audited and allowed according to law. 

See Code v. State, 102 N. Y. 48; O'llara v. State, 112 id. 116. 

Bill imposing a tax, manner of passing. 

Sec. 20. Every law which imposes, continues or revives a 
tax shall distinctly state the tax and the object to which it 
is to be applied, and it shall not be sufficient to refer to 
any other law to fix such tax or object. 

So« Clark v. Sheldon, 100 N. Y. 104. 

This section applies only to a general tax upon all property of the State ; it 
has no application to a local tax upon a particular section. Jones v. Cham¬ 
berlain, 109 N. Y. 100. 

A tax such as is provided by act of 1885, chap. 483 (collateral inheritance. 


CONSTITUTION OF STATE OF NEW YORK. 81 


Article III— Continued. 

etc.) may be constitutionally imposed. Matter of McPherson, 104 N. Y. 306; 
58 Am. Rep. 306. 

A tax law must strictly conform to the constitutional requirements. 
1‘topic v. Supervisors of Kings, 52 N. Y. 556. 

A tax law for a local purpose must state the tax. Thmlon v. Supervisors of 
Westchester, 57 Barb. 383. 

This provision is satisfied by a provision in the tax bill that the money is to 
be paid into the treasury to the credit of the general fund. People, ex ret. 
Burrows, v. Supervisors of Orange, 17 N. Y. 235. 

See People, ex rel. Hopkins, v. Board of Supervisors of Kings Co., 52 N. Y. 
556. 

It is sufficient if the maximum limit is stated. Hurlhurt v. Banks, 1 Abb. 
N. 157. 

This does not apply to acts merely modifying process of collection of a tax 
already imposed. People v. Supervisors, .'56 Hun, 491. 

Nor to acts enlarging the bounds of towns and villages. Piimpellyv. 
Owego, 45 How. L’r. 219. See People v- Nat. Fire Ins. Co., 27 Hun, 188; People 
v. Home Ins. Co., 92 N. Y. 328; People v. iV. Y. Floating Pry Pock Co., 11 
Abb. N. C. 40. 


Same subject. 

Sec. 21. Ou the final passage, in either house of the 
Legislature, of any act which imposes, continues or re¬ 
vives a tax, or creates a debt or charge, or makes, contin¬ 
ues or revives any appropriation of public or trust 
money or property, or releases, discharges or commutes 
any claim or demand of the State, the question shall be 
taken by yeas and nays, which shall be duly entered upon 
the journals, and three-fifths of all the members elected 
to either house shall, in all such cases, be necessary to con¬ 
stitute a quorum therein. 


A commutation by military service is not a tax within the meaning of this 
provision ; this section refers to a general tax. People, ex rel. Scott, v. Super¬ 
visors of Chenango, 8 N. Y. 317. 

Nor is the act compensating parties whose property may have beeni de- 
stroyed by mobs or riots. Darlington v • Mayor of JS. I., 31 N. Y . loi, loo. 


Hoard of supervisors. 

SEC. 23. There shall be in the several counties, except 
in cities whose boundaries are the same as those of the 
county, a hoard of supervisors, to he composed of such 
members, and elected in such mauner, and for such pe¬ 
riod, as is or may be provided by law. In aDy such city 
the duties and powers of a hoard of supervisors may be 
devolved upon the common council or hoard of aldermen 

thereof. „ 




82 CONSTITUTION OF STATE OF NEW YORK. 


Akticle III —Continued. 

Local legislative powers conferred on boards of 
supervisors* 

SECt 23. The Legislature shall, by general laws, confer 
upon the boards of supervisors of the several counties of 
the State such further powers of local legislation and 
administration as the Legislature may from time to time 
deem expedient. 

See People , exrel. Morrill, v. Supervisors, 112 N. Y. 586. 

The act to vest in the board of supervisors certain legislative powers, for 
the protection of shell lish, is constitutional. Smith v. Levitins, 8 N. Y. 472. 

A law providing that the compensation of certain county treasurers shall 
be fixed bv the supervisors is valid. Supervisors of Seneca v. Alien, 99 N. Y. 
532. 


No extra compensation to be granted to a public 

officer, servant, agent or contractor. 

Sec. 24. The Legislature shall not, nor shall the com¬ 
mon council of any city, nor any board of supervisors, grant 
any extra compensation to any public officer, servant, agent 
or contractor. 

Does not preclude furnishing an officer, clerk or assistant. People v. Gal¬ 
lup, 12 Abb. N.' C. 65; 65 llow. IT. 108. 

Attorney-general may not receive fees when retained in proceedings to 
vacate a charter. People v. Mutual Union Tclcg. Co., 2 Civ. Proc. 295. 

Salary for services yet to be performed may be increased. Truesdale v. 
C.ty of Rochester, 33 Ilun, 574. See Cole v. State, 102 N. Y. 48. 


Sections seventeen and eighteen not to apply to cer¬ 
tain bills. 

Sec. 25. Sections seventeen and eighteen of this article 
shall not apply to any bill, or the amendments to any bill, 
which shall be reported to the Legislature by commission¬ 
ers who have been appointed pursuant to law to revise the 
statutes. 

The Legislature are the exclusive judges whether a bill was so reported. 
People V. Petreu, 92 N. Y. 128. 


ARTICLE IV. 

Executive power, how vested. 

^Section 1. The executive power shall be vested in a 
Governor, who shall hold his office for three years; a Lieu- 


* As amended by vote of the people, November 3, 1874. 





CONSTITUTION OF STATE OF NEW YOKE. 83 


Article IV — Continued, 

tenant-Governor shall be chosen at the same time, and for 
the same term. The Governor and Lieutenant-Governor 
elected next preceding the time when this section shall 
take effect shall hold office during the term for which they 
were elected. 

ltcquisite qualifications of Governor. 

*Sec. 2. No person shall be eligible to the office of Gov¬ 
ernor or Lieutenant-Governor, except a citizen of the United 
States, of the age of not less than thirty years, and who 
shall have been five years, next preceding his election, 
a resident of this State. 

Time and manner of electing Governor and Lieuten¬ 
ant-Governor. 

Sec. 3. The Governor and Lieutenant-Governor shall be 
elected at the times and places of choosing members of the 
Assembly. The persons respectively having the highest 
number of votes for Governor and Lieutenant-Governor 
shall be elected; but in case two or more shall have an 
equal and the highest number of votes for Governor, or 
for Lieutenant-Governor, the two houses of the Legisla¬ 
ture, at its next annual session, shall, forthwith, by joint 
ballot, choose one of the said persons so having an equal 
and the highest number of votes for Governor or Lieuten¬ 
ant-Governor. 

Duties and power of Governor—His compensation. 

*Sec. 4. The Governor shall be commander-in-chief 
of the military and naval forces of the State. He shall 
have power to convene the Legislature (or the Senate 
only) on extraordinary occasions. At extraordinary ses¬ 
sions no subject shall be acted upon, except such as the 
Governor may recommend for consideration. He shall 
communicate by message to the Legislature at every session 
the condition of the State, and recommend such matters to 


* As amended by vote of tbe people, November 3,1874, 




84 CONSTITUTION OF STATE OF NEW YORK. 


Article IV — Continued. 

them as he shall judge expedient. lie shall transact all 
necessary business with the officers of government, civil 
and military. He shall expedite all such measures as may 
be resolved upon by the Legislature, and shall take caro 
that the laws are faithfully executed. He shall receive 
for his services an annual salary of ten thousand dollars, 
and there shall be provided for his use a suitable and fur¬ 
nished executive residence. 

As commander-in-chief the Governor has power to consolidate companies 
and regiments. People v Ewen , 17 How. l’r. 375. 

No action will lie to recover any part of money appropriated by law to the 
Governor for incidental expenses; the propriety of the expenditure is not a 
subject of judicial cognizance. People v. Lewis , 7 Johns. 73. 


Pardoning power vested in the Governor. 

Sec. 5. The Governor shall have the power to grant 
reprieves, commutations and pardons after conviction, for 
all offenses except treason and cases of impeachment, upon 
such conditions, and with such restrictions and limitations, 
as he may think proper, subject to such regulations as 
may be provided by law relative to the manner of applying 
lor pardons. Upon conviction for treason, he shall have 
power to suspend the execution of the sentence, until the 
case shall be reported to the Legislature at its next meet¬ 
ing, when the Legislature shall either pardon, or commute 
the sentence, direct the execution of the sentence, or grant 
a further reprieve. He shall annually communicate to the 
Legislature each case of reprieve, commutation or pardon 
granted; stating the name of the convict, the crime of 
which he was convicted, the sentence and its date, and the 
date of the commutation, pardon or reprieve. 

A provision in a pardon, that it shall not remove disabilities, is void. Peo¬ 
ple v. Pease, 3 Johns. Cas. 333. 

Pardon of one imprisoned for life does not restore rights of previous mar¬ 
riage or of guardianship. 2 R. S. 139, § 7. 

The court cannot go behind a pardon although fraudulently obtained In 
re Edymoin, 8 IIow. Pr. 478; a pardon will not be disregarded, although the 
statutory not ice of application for it was not given. Id. 

In case of breach of a conditional pardon, the recipient may be remanded 
and the original sentence executed. People v. Potter , 1 Park. 47. ’ 

The power to grant conditional pardons does not authorize, immoral im¬ 
possible or illegal cvuUHious, id, . —■ 


CONSTITUTION OF STATE OF NEW YORK. 85 


Article IY — Continued. 

Powers of Governor to devolve on Lieutenant-Gov¬ 
ernor. 

Sec. 6. In case of the impeachment of the Governor, or 
his removal from office,' death, inability to discharge the 
powers and duties of the said office, resignation, or absence 
from the State, the powers and duties of the office shall 
devolve upon the Lieutenant-Governor for the residue of 
the term, or until tlie disability shall cease. But when 
the Governor shall, with the consent of the Legislature, be 
out of the State, in time of war, at the head of a military 
force thereof, he shall continue commander-in-chief of all 
. the military force of the State. 

Requisite qualifications of Lieutenant-Governor — 

Duties, etc. 

Sec. 7. The Lieutenant-Governor shall possess the same 
qualifications of eligibility for office as the Governor. He 
shall be President of the Senate, but shall have only a 
casting vote therein. If during a vacancy of the office of 
Governor, the Lieutenant-Governor shall be impeached, 
displaced, resign, die, or become incapable of performing 
the duties of his office, or be absent from the State, the 
President of the Senate shall act as Governor until the va¬ 
cancy be filled, or the disability shall cease. 

Compensation of Lieutenant Governor. 

*Sec. 8. The Lieutenant-Governor shall receive for his 
services an annual salary of five thousand dollars, and shall 
not receive or be entitled to any other compensation, fee or 
perquisite for any duty or service he may be required to 
perform by the Constitution or by law. 

Bills to l>e presented to tlie Governor for signature. 

* Sec. 9. Every bill which shall have passed the Senate 
and Assembly shall, before it becomes a law, be presented 
to the Governor; if he approve, he shall sign it; but if not, 


* As amended by vote of the people, November 3,1874, 





8G CONSTITUTION OF STATE OF NEW YORK. 


Article IV — Continued. 

he shall return it with his objections to tlie house in which 
it shall have originated, which shall enter the objections at 
large on the journal, and proceed to reconsider it. If, after 
such reconsideration, two-thirds of the members elected to 
that house shall agree to pass the bill it shall be sent to¬ 
gether with the objections to the other house by which it 
shall likewise be reconsidered; and if approved by two- 
tliirds of the members elected to that house, it shall be¬ 
come a law notwithstanding the objections of the Governor. 
In all such cases, the votes in both houses shall be deter¬ 
mined by yeas and nays, and the names of the members 
voting shall be entered on the journal of each house re¬ 
spectively. If any bill shall not be returned by the Gov¬ 
ernor within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the Legislature shall, 
by their adjournment, prevent its return, in which case it 
shall not become a law without the approval of the Gov¬ 
ernor. No bill shall become a law after the final adjourn¬ 
ment, of the Legislature, unless approved by the Governor 
within thirty days after such adjournment. If any bill 
presented to the Governor contain several items of appro¬ 
priation of money, he may object to one or more of such 
items while approving of the other portion of the bill. In 
such case, he shall append to the bill, at the time of sign¬ 
ing it, a statement of the items to which ho objects; and 
the appropriation so objected to shall not take effect. If 
the Legislature be in session, lie shall transmit to the house 
in which the bill originated a copy of such statement, and 
the items objected to shall be separately reconsidered. If, 
on reconsideration, one or more of such items be approved 
by two-thirds of the members elected to each house, the 
same shall be part of the law, notwithstanding the objec¬ 
tions of the Governor. All the provisions of this sec¬ 
tion, in relation to bills not approved by the Governor, shall 


CONSTITUTION OF STATE OF NEW YORK. 87 


Article IY — Continued. 

apply in cases in wliicli he shall withhold his approval 
from any item or items contained in a bill appropriating 
money. 

Clause that act becomes a law if not returned signed within ten days, unless 
return is prevented by adjournment, means adjournment at close of session. 
4'.) 1 Lun, 550. 

The power of the Governor to approve and sign a bill presented to him 
within ten days previous to the adjournment does not cease with the adjourn¬ 
ment. People v. liowen, 21 N. Y‘. 517. 

ARTICLE Y. 

State officers, liow elected and terms of office. 

Section 1. The Secretary of State, Comptroller, Treas¬ 
urer and Attorney-General shall he chosen at a general 
election, and shall hold their oflices for two years. Each 
of the officers in this article named (except the Speaker 
of the Assembly) shall, at stated times, during his continu¬ 
ance in office, receive for his services, a compensation, 
which shall not be increased or diminished during the term 
for which he shall have been elected; nor shall he receive, 
to his use, any fees or perquisites of office, or other com¬ 
pensation. 

State Engineer and Surveyor, how chosen and term 

of office. 

Sec. 2. A State Engineer and Surveyor shall be chosen 
at a general election, and shall hold his office two years, 
but no person shall be elected to said office who is not a 
practical engineer. 

Superintendent ofPuMic Works, how appointed — 

Powers an<1 duties of. 

* Sec. 3. A Superintendent of Public Works shall be 
appointed by the Governor, by and with the advice and 
consent of the Senate, and hold his office until the end of 
the term of the Governor by whom he was nominated, and 
until his successor is appointed and qualified. He shall 

* As amended by vote of the people, November 7, 1876. 





88 CONSTITUTION OF STATE OF NEW YORK. 


Article V — Continued. 

receive a compensation to be fixed by law. lie sliall be 
required by law to give security for tbe faithful execution 
of bis office before entering upon the duties thereof. lie 
shall be charged with the execution of all laws relating to 
the repair and navigation of the canals, and also of those 
relating to the construction and improvement of the ca¬ 
nals, except so far as the execution of the laws relating to 
such construction or improvement shall be confided to the 
State Engineer and Surveyor; subject to the control of 
the Legislature, he shall make the rules and regulations 
for the navigation or use of the canals. He may be sus¬ 
pended or removed from office by the Governor, whenever, 
in his judgment, the public interest shall so require ; but 
in case of the removal of such Superintendent of Public 
Works from office, the Governor shall file with the Secre¬ 
tary of State a statement of the cause of such removal, 
and shall report such removal, and the cause thereof, to 
the Legislature at its next session. The Superintendent 
of Public Works shall appoint not more than three assist¬ 
ant superintendents, whose duties shall be prescribed by 
him, subject to modification by the Legislature, and who 
shall receive for their services a compensation to bo fixed 
by law. They shall hold their office for three years, sub¬ 
ject to suspension or removal by the Superintendent of 
Public Works, whenever, in his judgment, the public in¬ 
terest shall so require. Any vacancy in the office of any 
such assistant superintendent shall bo filled for the re¬ 
mainder of the term for which he was appointed, by the 
Superintendent of Public Works; but in case of the sus¬ 
pension or removal of any such assistant superintendent 
by him, he shall at once report to the Governor, in writ¬ 
ing, the cause of such removal. All other persons em¬ 
ployed in the care and management of the canals, except 
collectors of tolls, and those in the department of the State 
Engineer and Surveyor, shall be appointed by the Super- 


CONSTITUTION OF STATE OF NEW YORK. 89 


Article V — Continued. 

intendent of Public Works, and be subject to suspension 
or removal by liim. The office of Canal Commissioner is 
abolished from and after the appointment and qualification 
of the Superintendent of Public Works, until which timo 
the Canal Commissioners shall continue to discharge their 
duties as now provided by law. The Superintendent of 
Public Works shall perform all the duties of the Canal 
Commissioners, and Board of Canal Commissioners, as now 
declared by law, until otherwise provided by the Legis¬ 
lature. The Governor, by and with the advice and con¬ 
sent of the Senate, shall have power to fill vacancies in 
the office of Superintendent of Public Works; if the Senate 
be not in session, he may grant commissions which shall 
expire at the end of the next succeeding session of the 
Senate. 

Under this section the Superintendent, of Public Works has the exclusive 
power to determine as to the propriety of the appointments of his subordi¬ 
nates, and the sufficiency of their qualifications. 1‘eople , ex rel. Killeen , v. 
Angle, 109 N. Y. 564. 

Superintendent of Prisons, how appointed —Powers 

and duties of. 

* Sec. 4. A Superintendent of State Prisons shall be ap¬ 
pointed by the Governor, by and with the advice and con¬ 
sent of the Senate, and hold his office for five years unless 
sooner removed; he shall give security in such amount, 
and with such sureties as shall be required by law for the 
faithful discharge of his duties; he shall have the super¬ 
intendence, management and control of State prisons, sub¬ 
ject to such laws as now exist or may hereafter be enacted; 
lie'shall appoint the agents, wardens, physicians and chap¬ 
lains of the prisons. The agent and warden of each 
prison shall appoint all other officers of such prison, ex¬ 
cept the clerk, subject to the approval of the same by the 
Superintendent. The Comptroller shall appoint the clerks 
of the prisons. The Superintendent shall have all the 


* As amended by vote of the people, November 7, 1876. 







90 CONSTITUTION OF STATE OF NEW YORK. 


Article V — Continued. 

powers and perform all the duties not inconsistent here¬ 
with, which have heretofore been had and performed by 
the Inspectors of State Prisons; and from and after the 
time when such Superintendent of State Prisons shall have 
been appointed and qualified, the office of Inspector of 
State Prisons shall be and hereby is abolished. The Gov¬ 
ernor may remove the Superintendent for cause at any 
time, giving to him a copy of the charges against him, and 
an opportunity to be heard in his defense. 

Commissioners of tlie Land Office—Commissioners of 

Hie (Ja nai Batumi—Canal Hoard. 

Sec. 5. The Lieutenant-Governor, Speaker of the As¬ 
sembly, Secretary of State., Comptroller, Treasurer, At¬ 
torney-General, and State Engineer and Surveyor, shall bo 
the Commissioners of the Land Office. The Lieutenant- 
Governor, Secretary of State, Comptroller, Treasurer, and 
Attorney-General, shall be the Commissioners of the Canal 
Fund. The Canal Board shall consist of the Commission¬ 
ers of the Canal Fund, the State Engineer and Surveyor, 
and the Canal Commissioners. 

Powers and duties of Hoards, etc. 

Sec. 0. The powers and duties of the respective boards, 
and of the several officers in this article mentioned, shall 
be such as now are or hereafter may be prescribed by 
law. 

The provision of this section does not apply to officers created l>v the 
amendment in 1873 to art. 5, § 3. People, ex rel. Killeen, v. Angle, ld'J N. Y. 
564 . 


Treasurer may be suspended by Governor. 

Sec. 7. The Treasurer may he suspended from office by 
the Governor, during the recess of the Legislature, and 
until thirty days after the commencement of the next ses¬ 
sion of the Legislature, whenever it shall appear to him 
that such Treasurer has, in any particular, violated his duty. 


CONSTITUTION" OF STATE OF NEW YORK. 01 


Article V — Continued. 

The Governor shall appoint a competent person to discharge 
the duties of the office during such suspension of the 
Treasurer. 

Certain offices abolished. 

Sec. 8. All offices for the weighing, gauging, measuring, 
culling or inspecting any merchandise, produce, manu¬ 
facture or commodity whatever, are hereby abolished, and 
no such office shall hereafter be created by law; but noth¬ 
ing in this section contained shall abrogate any office cre¬ 
ated for the purposo of protecting the public health or the 
interests of the State in its property, revenue, tolls, or pur¬ 
chases, or of supplying the people with correct standards 
of weights and measures, or shall prevent the creation of 
any office for such purposes hereafter. 

The act reorganizing the warden’s office of the port of New York is not 
unconstitutional. Tinkham v. Tapscott, 17 N. Y. 141. 


ARTICLE VI. 

[Article f> of the Constitution (except section 28) was framed by delegates 
elected April 23, 1867, under chapter 194, Laws of 1867, to a Constitutional 
Convention (convened pursuant to section 2 of article 13 of the Constitution, 
by vote of the people at the general election held November 6, 1866), which 
Convention met in the city of Albany, .June 4, 1867, and adjourned February 
28, 1868. 

Article 6 (except section 28) was submitted separately to the people, pur¬ 
suant to chapter 318, Laws of 1869, at the general election held November 2, 
1869, and declared ratified and adopted by the Board of State Canvassers, by 
certificate of determination, dated December 6, 1869, the official vote thereon, 
as declared, standing, “ for the amended judiciary article,” 247,240 votes, and 
“ against the amended judiciary article,” 240,442 votes.] 


Impeachment<*■ Assembly lias power of—FflTect of 
judgment. 

Section 1 . The Assembly shall have the power of im¬ 
peachment, by a vote of the majority of all the members 
elected. The Court for the Trial of Impeachments shall ho 
composed of the President of the Senate, the Senators, or 
a major part of them, and the Judges of the Court of Ap¬ 
peals, or the major part of them. On the trial of an impeach- 


92 CONSTITUTION OF STATE OF NEW YORK. 


Article VI —Continued. 

ment against tlio Governor, the Lieutenant-Governor sliall 
not act as a member of the court. No judicial officer shall 
exercise his office, after articles of impeachment against him 
shall have been preferred to the Senate, until he shall have 
been acquitted. Before the trial of an impeachment, the 
members of the court shall take an oath or affirmation, 
truly and impartially to try the impeachment, according to 
evidence; and no person shall be convicted without the 
concurrence of two-thirds of the members present. Judg- 
ment in cases of impeachment shall not extend further than 
to removal from office, or removal from office and disquali¬ 
fication to hold and enjoy any office of honor, trust, or 
profit, under this State; but the party impeached shall be 
liable to indictment and punishment according to law. 

Court of Appeals — Jmlges. how chosen —Appoint* 

ment of clerk. 

Sec. 2. There shall be a Court of Appeals, composed of 
a Chief Judge and six Associate Judges, who shall be 
chosen by the electors of the State, and shall hold their 
office for the term of fourteen years from and including 
the first day of January next after their election. At the 
first election of Judges, under this Constitution, every 
elector may vote for the Chief and only four of the Asso¬ 
ciate Judges. Any five members of the court shall form a 
quorum, and the concurrence of four shall be necessary to 
a decision. The court shall have the appointment, with 
the power of removal, of its reporter and clerk, and of 
such attendants as may be necessary. 

Vacancies in office of .Tml^e of Court of Appeals! 

now tilled. 11 * 

Sec. 3. When a vacancy shall occur, otherwise than by 
expiration of term, in the office of Chief or Associate Judge 
of the Court, of Appeals, the same shall be filled, for a full 
term, at the next general election happening not less than 


CONSTITUTION OF STATE OF NEW YORK. 93 


Article VI— Continued. 

three months after such vacancy occurs; and until the va¬ 
cancy shall be so filled, the Governor by and with the 
advice and consent of the Senate, if the Senate shall be in 
session, or if not, the Governor alone, may appoint to fill 
such vacancy. If any such appointment of Chief Judge 
shall be made from among the Associate Judges, a tempo¬ 
rary appointment of Associate Judge shall be made in like 
manner; but in such case, the person appointed Chief Judge 
shall not be deemed to vacate his office of Associate J udge 
any longer than until the expiration of his appointment as 
Chief Judge. The powers and jurisdiction of the court 
shall not be suspended for want of appointment or election, 
when the number of Judges is sufficient to constitute a 
quorum. All appointments under this section shall con¬ 
tinue until and including the last day of December next 
after the election at which the vacancy shall be filled. 

Causes pending in Court of Appeals to be referred to 
commissioners of Appeals. 

Sec. 4. Upon the organization of the Court of Appeals, 
under this article, the causes then pending in the present 
Court of Appeals shall become vested in the Court of Ap¬ 
peals hereby established. Such of said causes as are pend¬ 
ing on the first day of January, eighteen hundred and 
sixty-nine, shall be heard and determined by a Commission, 
to be composed of five Commissioners of Appeals, four of 
whom shall be necessary to constitute a quorum; but tlio 
Court of Appeals hereby established may order any of said 
causes to be heard therein. Such Commission shall be 
composed of the Judges of the present Court of Appeals, 
elected or appointed thereto, and a fifth Commissioner who 
shall be appointed by the Governor, by and with the ad¬ 
vice and consent of the Senate; or, if the Senate be not in 
session, by the Governor; but in such case, the appoint¬ 
ment shall expire at the end of the next session. 


94 constitution or state or new york. 


Article YI — Continued. 

Commissioners of Appeals— Vacancies, liow lilled — 
Chief Commissioner to be appointed. 

Sec. 5. If any vacancy sliall occur in the office of the 
said Commissioners, it shall he filled hy appointment by 
the Governor by and with the advice and consent of the 
Senate; or if the Senate is not in session, by the Gover¬ 
nor; but in such case, the appointment shall expire at the 
end of the next session. The Commissioners shall appoint, 
from their number,, a Chief Commissioner; and may ap¬ 
point and remove such attendants as may be necessary. 
The reporter of the Court of Appeals shall be the reporter 
of said Commission. The decisions of the Commission 
shall be certified to, and entered and enforced, as the judg¬ 
ments of the Court of Appeals. The Commission shall 
contiuue until the causes committed to it are determined, 
but not exceeding three years; and all causes then unde¬ 
termined shall be heard by the Court of Appeals. 

Supreme Court— Jurisdiction — Justices — Judicial 
Districts, number of Justices in; may be altered 
without Increasing' number. 

*Sec. G. There shall be the existing Supreme Court, 
with general jurisdiction in law and equity, subject to such 
appellate jurisdiction of the Court of Appeals as now is or 
may be prescribed by law; and it shall be composed of the 
Justices now in office, with one additional Justice, to bo 
elected as hereinafter provided, who shall be continued 
during their respective terms, and of their successors. The 
existing judicial districts! of the State are continued until 
changed pursuant to this section. Five of the Justices 
shall reside in the district in which is the city of New 
York, and five in the second judicial district and four in 
each of the other districts.! The Legislature may alter 

* As amended t>v a vote of the people, November 4, 1879. 
tSee chapter 241, Laws of 1847, and chapter 485, Laws of 1857, and chapter 
24, Laws of 1876, for existing judicial districts. See, also, section 28, adopted 
by people, November 7, 1882, increasing number of Justices of the Supreme 
Court, and chapter 329, Laws of 1883. 



CONSTITUTION - OF STATE OF NEW YORK. 95 


Article VI— Continued . 

the districts, without increasing 1 the number, once after 
every enumeration, under this Constitution, of the inhabit¬ 
ants of the State. ^Whenever, and as often as there shall 
be such an accumulation of causes on the Calendar of the 
Court of Appeals that the public interests require a more 
speedy disposition thereof, the said Court may certify such 
fact to the Governor, who shall thereupon designate seven 
Justices of the Supreme Court to act as Associate Judges, 
for the time being, of the Court of Appeals, and to form 
a second division of said Court, and who shall act as such 
until all the causes upon the said Calendar at the time of the 
making of such certificate are determined, or the Judges 
of said Court, elected as such, shall certify to the Gov¬ 
ernor that said causes are substantially disposed of, and on 
receiving such certificate, the Governor may declare said 
second division dissolved and the designation of Justices 
to serve thereon shall thereupon expire. The second di¬ 
vision of said Court hereby authorized to be constituted, 
shall be competent to determine any causes on said Cal¬ 
endar which may be assigned to such division by the Court 
composed of Judges elected to serve in the Court of Ap¬ 
peals, and that Court may at any time before judgment di¬ 
rect any of the causes so assigned to be restored to its Cal¬ 
endar for hearing and decision. The rules of practice in 
both divisions shall be the same. Five members of the 
Court shall be sufficient to form a quorum for said second 
division and the concurrence of four shall be necessary to a 
decision. The judges composing said second division shall 
appoint from their number a Chief Judge of such division, 
and the Governor may from time to time, when in his judg¬ 
ment the public interests may require, change the designa¬ 
tion of any Justice of the Supreme Court to serve in such 
division, and may fill any vacancy occurring therein, by 


* As amended by vote of the people, November 6, 1888, 






96 CONSTITUTION OF STATE OF NEW YORK. 


Article XI—Continued. 

designating any Justice of the Supreme Court to fill such 
vacancy. Said second division may appoint and remove a 
crier and such attendants as may be necessary. The Judges 
composing said second division shall not during the time 
of their service therein exercise any of the functions of 
Justices of the Supreme Court, nor receive any salary or 
compensation as such Justices, but in lieu thereof shall 
during such term of service receive the same compensation 
as the Associate Judges of the Court of Appeals. They shall 
have power to appoint the times and places, of their sessions, 
within this State, and the Clerk and Reporter of the Court of 
Appeals shall be Clerk and Reporter of said second division. 


The Legislature cannot confer upon State courts admiralty jurisdiction. 
Vose v. Cockcroft, 44 N. Y. 115; Brookman v. Hamil,4Z id. 554; Muller of 
Bteamboat Josephine, 39 id. 19; Poole v. Kenmtt, 59 id. 470. 

But a law giving a lien to be enforced in the State courts for labor or 
materials on or for a vessel before launching, is valid. Sheppard v. Steele, 43 
N. Y. 52. 

The jurisdiction of the Supreme Court cannot be limited by the Legislature, 
nor by a power conferred on courts. DeHart v. Hatch , 3 Il.un, 375. But the 
jurisdiction of the Court of Appeals may be limited. Butterfield v. Rudde, 58 
N. Y. 489. 

Statute taking from Supreme Court remedy by certiorari when remedy by 
appeal exists, valid. People, ex rel. Hill , v. Supervisors, 49 Hun, 476. 

A statute removing causes from the Supreme Court to the Marine Court, is 
invalid. Alexander v. Bennett , 60 N. Y. 204. 

A statute conferring on surrogates power to revoke letters and discharge 
executors, etc., is valid. Matter of Bernstein, 3 Redf. 20. 


Terms of Supreme Court. 

Sec. 7. At the first session of the Legislature, after the 
adoption of this article, and from time to time thereafter 
as may be necessary, but not oftener than once in five 
years, provisions shall be made for organizing, in the 
Supreme Court, not more than four General Terms thereof, 
each to be composed of a Presiding Justice, and not more 
than three other Justices, who shall be designated, accord¬ 
ing to law, from the whole number of Justices. Each Pre¬ 
siding Justice shall continue to act as such during his term 
of office. Provision shall be made by law for holding the 


CONSTITUTION OF STATE OF NEW YOKK. 97 


Article VI — Continued. 

- General Terms in each judicial district. Any Justice of the 
Supreme Court may hold Special Terms and Circuit Courts, 
and may preside in Courts of Oyer and Terminer, in any 
county. 

The word “ preside” does not necessarily imply that the Justice must have 
associates. Smith v. People, 47 N. Y. 330. 


Judge or Justice may not sit in review of decisions 
made by bim, etc. 

Sec. 8. No Judge or Justice shall sit, at a General Term 
of any court, or in the Court of Appeals, in review of a 
decision made by him, or by any court of which he was at 
the time a sitting member. The testimony in equity cases 
shall be taken in like manner as in cases at law; and except 
as herein otherwise provided, the Legislature shall have 
the same power to alter and regulate the jurisdiction and 
proceedings in law and equity that they have heretofore 
exercised. 


Vacancy In oflice of Justice of Supreme Court, bow 

tilled. 


Sec. 9. When a vacancy shall occur, otherwise than by 
expiration of term, in the office of Justice of the Supreme 
Court, the same shall be filled, for a full term, at the next 
general election happening not less than three months 
after such vacancy occurs; and until any vacancy shall be 
so filled, the Governor by and with the advice and consent 
of the Senate, if the Senate shall be in session, or if not in 


session, the Governor may appoint to fill such vacancy. 
Any such appointment shall continue until and including 
the last day of December next after the election at which 
the vacancy shall be filled. 


Where a justice of the Supreme Court, whose term would expire on the 
la>t day of December, resigned on the day before the genera! election in No¬ 
vember, 1871, at which election his successor was to be and was elected, held, 
that the vacancy caused by his resignation existed only until December 31, 
1871, and the person appointed by the Governor to till it could hold only until 
that date. People, ex rel. Jackson, v. roller, 47N.Y. 375. . 

“ fn session ” here means a present acting; so, where the sit tings aie termi¬ 
nated hy a long adjournment, although the session is continued, the Gover¬ 
nor may appoint during such adjournment. People v. Puncher, 50 N. Y. 268. 

7 




98 CONSTITUTION OF STATE OF NEW YORK. 


Article YI — Continued . 

Judges of Court of Appeals^ or Justices of Supremo 
Court, lo liioikl no oilier office. 

Sec. 10. The Judges of the Court of Appeals, and the 
Justices of the Supreme Court, shall not hold any other 
office or public trust. All votes for any of them, for any 
other than a judicial office, given by the Legislature or the 
people, shall be void. 

This provision docs not extend to mere extensions of jurisdiction; Striker 
v. Kelly, 7 Hill, 9; Beckman's Case, 11 Abb. Pr. 164; nor to a case where a 
judge and two others were appointed by the Legislature as appraisers to fix a 
value on certain historical relics bought by the State ; People, exrel. Washing¬ 
ton, v. Nichols , 52 N. Y. 478; nor to a special transient exigency ; Matter of 
llathav)ay,1\ N. Y. 238; nor to a case where the presiding Justices of the 
Supreme Court and others are appointed to '’esignate a law journal in which 
certain matters shall be published; Daily Beg. Printing Co. v. Muy(/r,etc., 
52 Hull, 542. 


Removals — Proceedings in relation to. 

Sec. 11. Judges of the Court of Appeals, and Justices of 
the Supreme Court, may be removed by concurrent resolu¬ 
tion of both houses of the Legislature, if two-tliirds of all 
the members elected to each house concur therein.. All 
judicial officers, except those mentioned in this section, and 
except Justices of the Peace and Judges and Justices of 
inferior courts not of record, may be removed by the Sen¬ 
ate, on the recommendation of the Governor, if two-thirds 
of all the members elected to the Senate concur therein. 
But no removal shall be made, by virtue of this section, 
unless the cause thereof be entered on the journals, nor 
unless the party complained of shall have been served with 
a copy of the charges against him, and shall have had an 
opportunity of being heard. On the question of removal, 
the yeas and nays shall be entered on the journal. 


City Courts. 

*Sec. 12. The Superior Court in the city of New York, 
the Court of Common Pleas for the city and county of New 
York, the Superior Court of Buffalo, and the City Court of 
Brooklyn, are continued with the powers and jurisdiction 


* 12 and 13 amended by vote of the people November 2, 1SS0. 





CONSTITUTION OF STATE OF NEW lOlilv. 99 


Article VI— Continued. 

they now severally have, and such further civil and crim¬ 
inal jurisdiction as may be conferred by law. The Supe¬ 
rior Court of New lork shall be composed of the six 
Judges in office at the adoption of this article, and their 
successors; the Court of Common Pleas of New York, of 
the three Judges then in office, and their successors, and 
three additional Judges; the Superior Court of Buffalo, of 
the Judges nowin office and their successors; and the City 
Court of Brooklyn, of such number of Judges, not exceed¬ 
ing three, as may be provided by law. The Judges of said 
courts, in office at the adoption of this article, are con¬ 
tinued until the expiration of their terms. A Chief Judge 
shall be appointed by tho Judges of each of said courts, 
from their own number, who shall act as such during his 
official term. Vacancies in tho office of the Judges named 
in this section, occurring otherwise than by expiration of 
term, shall be filled in the same manner as vacancies in the 
Supreme Court. The Legislature may provide for detail¬ 
ing Judges of the Superior Court and Court of Common 
Pleas of New York, to hold Circuits and Special Terms of 
the Supreme Court in that city, and for detailing Judges of 
the City Court of Brooklyn to hold Circuits and Special 
Terms of the Supreme Court in Kings county, as the pub¬ 
lic interest may require. 

The Legislature may give the New York Common Pleas Court jurisdiction 
of mandamus proceedings within its locality. People, ex rel. Ryan , v. Green , 
58 N. Y. 295. 

The Legislature cannot deprive those courts of the jurisdiction they had 
before 1870; Alexander v. Bennett, 60 N. Y. 204; but may limit or change the 
remedy; as by prohibiting any suit to vacate assessments or remove cloud 
upon title; Rae v. Mayor, 37 N. Y. Superior, 192. 

The Legislature cannot give these courts jurisdiction outside their re¬ 
spective localities. Landers v. Staten Island Ji. R. Co., 53 N. Y. 450. 

The New York Common Pleas may be deprived of power to grant an injunc¬ 
tion. Story v. N. Y. El. Ry. Co., 11 Abb. N. C. 236; E/no v. Mayor, 7 Hun, 
320. See Gemp v. Pratt, 7 Daly, 197. 

The New York Superior Court may not be limited in jurisdiction of judg¬ 
ment creditors’ actions to actions on their own judgments. Popfinger v. 
Yutte, 102 N. Y. 38. 

The provision of the act of 1886 (chap. 418, Laws 1886) which declares that 
the City Court of New York shall be deemed a Superior City Court within 
the meaning of section 190 of the Code of Civil Procedure and authorizing 
appeals direct to the Court of Appeals, is violative of the above section. Ilut- 
koff v. Demorest, 103 N. Y. 378. . 

i 



100 CONSTITUTION OF STATE OF NEW YORK 


Article YI — Continued. 

Justice of Supreme Court or Judges of City Courts, 
liow eliosen — Term ol olHcc— l&cstrictiou as to age. 

* Sec. 13. Justices of the Supreme Court shall he chosen 
by the electors of their respective judicial districts. Judges 
of all courts mentioned in the last preceding section shall 
be chosen by the electors of the cities respectively in which 
said courts are instituted. The official terms of the said Jus- 
tices and Judges who shall be elected after the adoption of 
this article, shall be fourteen years from and including the 
first day of January next after their election. But no per¬ 
son shall hold the office of Justice or Judge of any court 
longer than until and including the last day of December 
next, after he shall bo seventy years of age. The compen¬ 
sation of every Judge of the Court of Appeals and of every 
Justice of the Supreme Court, whose term of office shall be 
abridged pursuant to this provision, and who shall have 
served as such Judge or Justice ten years or more, shall bo 
continued during the remainder of the term for which he 
was elected, 

The limitation as to age floes not apply to county judges in office at the 
adoption of this article, but is confined to persons entering on the extended 
term ofotlice. People, ex rel. Davis , v. Gardner , -15 N. Y. 812. See People v 
Brundage, 78 id. 40.°. 

Nor to justices of the peace; People v. Mann, 07 N. Y. 532 ; 49 Am. Rep 
550; nor to surrogates ; People v. Carr, 100 N. Y. 236; 53 Am. Rep. 101. 

Compensation ofjustices come within provision of this section. People, ex 
rel. Bockes, v. Wemple, 115 N. Y. 302. 

Compensation of J udges or Justices—Not to l»c diinin- 
isficd during' term ofotlice. 

Sec. 14. The Judges and Justices hereinbefore men¬ 
tioned shall receive for their services a compensation to be 
established by law, which shall not he diminished during 
their official terms. Except the Judges of the Court of 
Appeals and the Justices of the Supreme Court, they shall 
be paid, and the expenses of their courts defrayed, by 
the cities or counties in which such courts are instituted, 
as shall be provided by law. 


* As amended by vote of the people, November 2, 1880. 





CONSTITUTION OF STATE OF NEW YORK. 101 


Article VI — Continued . 

County Courts. 

Sec. 15. The existing County Courts are continued, and 
the Judges thereof in office at the adoption of this article 
shall hold their offices until the expiration of their 
respective terms. Their successors shall he chosen by 
the electors of the counties, for the term of six years. The 
County Court shall have the powers and jurisdiction they 
now possess, until altered by the Legislature. They shall 
also have original jurisdiction in all cases where the 
defendants reside in the county and in which the damages 
claimed shall not exceed one thousand dollars; and also 
such appellate jurisdiction as shall he provided by law, 
subject, however, to such provision as shall be made by 
law for the removal of causes into the Supreme Court 
They shall also have such other original jurisdiction as 
shall, from time to time, he conferred upon them by the 
Legislature. The County Judge, with two Justices of the 
Peace, to be designated according to law, may hold Courts 
of Sessions, with such criminal jurisdiction as the Legisla¬ 
ture shall prescribe, and he shall perform such other duties 
as may be required by law. Ilis salary, and the salary 
of the Surrogate when elected as a separate officer, shall 
be established by law, payable out of the County Treasury, 
and shall not he diminished during his term of office. 
The Justices of the Peace shall ho paid, for services in 
Courts of Sessions, a per diem allowance out of the County 
Treasury. The County Judge shall also be Surrogate of 
his county; but in counties having a population exceeding 
forty thousand, the Legislature may provide for the elec¬ 
tion of a separate officer to he Surrogate, whose terra of 
office shall he the same as that of the County Judge. The 
County Judge of any county may preside at Courts of Ses¬ 
sions, or hold County Courts, in any other county, except 
New York and Kings, when requested by the Judge of 
such other county, 


102 CONSTITUTION OF STATE OF NEW YORE 


Article VI — Continued . 

The salary of a county judge must be fixed by the Legislature; they cannot 
authorize the board of supervisors to do it. Healey v Dudley, 5 Lans. 115. 

The act increasing the jurisdiction to $3,000 is void. Lenhard v. Lynch, 02 
How. I’r. 56; llallv. Buckhoul, 2 Civ. Proc. 442 ; contra, Sweet v, Flanayun, 
61 How. Pr. 327. 

Where the county judge is surrogate, an administrator’s bond should run 
to the county judge. Farley v McConnell, 52 N. Y. 630. 

The provision as to surrogates does not apply to the city and county of 
New York. People v. Carr, 86 N. Y. 512. 

An act extending powers of county judges holding court in other counties, 
valid. Pratt, v. Stevens, 94 N. Y. 387. 

In case of vacancy in the office of surrogate, outside of Kings and New 
York, which is to be filled at the next general election, the election is for a 
full term, and the Legislature may provide that the person elected shall enter 
upon office at once. People v. Townsend , 102 N. Y. 430. 


Local judicial officers. 

Sec. 16. The Legislature may, on application of the 
board of supervisors, provide for the election of local offi¬ 
cers, not to exceed two in any county, to discharge the 
duties of County Judge and of Surrogate, in cases of their 
inability, or of a vacancy, and to exercise such other powers 
in special cases as may be provided by law. 

Under these provisions the Legislature has power to authorize a special 
county judge to take a recognizance. People v. Main, 20 N. Y. 434. See 
People v. Townsend , 102 id. 430. 


Judge of Court of Appeals, or Justice of Supreme 
Court, election or appointment of—Question to be 
submitted to people. 

Sec. 17. The Legislature shall provide for submitting to 
the electors of the State, at the general election in the year 
eighteen hundred and seventy-three, two questions, to be 
voted upon on separate ballots, as follows: First, “ Shall 
the offices of Chief Judge and Associate Judge of the Court 
of Appeals, and of Justice of the Supreme Court, be here¬ 
after filled by appointment ? ” * If a majority of the votes 
upon the question shall be in the affirmative, the said offi¬ 
cers shall not thereafter be elective, but, as vacancies 
occur, they shall be filled by appointment by the Governor 
by and with the advice and consent of the Senate; or if the 
Senate be not in session, by the Governor; but in such 
case, he shall nominate to the Senate when next convened, 
and such app ointment by the Governor alone shall expire 


* Submitted to a vote of the people, November 4 1873- 
ter 314, Laws of 1873 —and determined in the negative. 


•pursuant to chap- 





CONSTITUTION OF STATE OF NEW YORK. 103 


Article VI— Continued. 

at the end of that session. Second, “ Shall the offices of 
the Judges mentioned iu sections twelve and fifteen of arti¬ 
cle six of the Constitution, be hereafter filled by appoint 
ment ? ” * If a majority of the votes upon the question 
shall be in the affirmative, the said officers shall not there¬ 
after be elective, but, as vacancies occur, they shall be 
filled in the manner in this section above provided. 


Justice of the Peace. 

Sec. 18. The electors of the several towns shall, at their 
annual town meeting, and in such manner as the Legisla¬ 
ture may direct, elect Justices of the Peace, whose term of 
office shall be four years. In case of an election to fill a 
vacancy occurring before the expiration of a full term, they 
shall hold for the residue of the unexpired term. Their 
number and classification may be regulated by law. Jus 
tices of the Peace, and Judges or Justices of inferior courts 
not of record and their clerks, may be removed, after due 
notice and an opportunity of being heard by such courts as 
may be prescribed by law, for causes to be assigned in the 
order of removal. Justices of the Peace and District Court 
Justices shall be elected in the different cities of this State, 
in such manner, and with such powers, and for such terms, 
respectively, as shall be prescribed by law; all other judi¬ 
cial officers in cities, whose election or appointment is not 
otherwise provided for in this article, shall be chosen by 
the electors of cities, or appointed by some local authorities 
thereof. 



Rochester, 11 Hun, 241. 

Justices of the peace may not be elected at any other time than the annual 
town meeting. People v. Schiellein, 95 N. Y. 124. 

The Legislature may abolish or abridge the tenure of the office of police 
justice. Coulter v. Murray , 15 Abb. (N. S.) 129; Wenzler v. People , 58 N. Y. 
516. 


* Submitted to vote of the people. November 4, 1873 — pursuant to chapter 
314, Laws of 1873 — and determined in the negative. 






104 CONSTITUTION OF STATE OF NEW YORK 


Article VI— Continued. 

An appointment by tne Governor intermediate to the happening of the 
vacancy and the election, is void so far as it assumes to authorize the appointee 
to hold until the commencement of the political year following the election. 
People v. Keeler , 17 N. Y. 370. 

This section applies to supplying an incumbent for a term as distinguished 
from a mere vacatic. in office. People, ex rel. v. Shea, 7 1 fun, 309. 

The provision of this section as to the election ot Justices of the peace in 
towns, cannot be construed as a limitation upon the power of the Legislature 
to create cities and villages. Matter of Gerlum, 109 N. Y. 170. 


Inferior local courts. 

Sec. 19. Inferior local courts of civil and criminal juris¬ 
diction may be established by tlie Legislature; and except 
as herein otherwise provided, all judicial officers shall bo 
elected or appointed at such times, and in such manner, as 
the Legislature may direct. 

See People, ex rel. SinJclcr, v. Terry, 108 N. Y. 1. 

The office of police justice is within this provision. People, ex rel. Oregon , 
v. Butcher, 2 Ilun, 156 ; Village of Deposit v. Vail, 5 id. 310. , 

An act conferring on the Marine Court jurisdiction in actions for assault 
ami battery, without limit as to amount of recovery, is valid. Anderson v. 
Reilly, 66 N. Y. 189. 

The only limitation upon the jurisdiction of now magistrates created under 
this provision, is that it be local and inferior. Brandon v. Avery, 22 N. Y. 169. 

After the Legislature have prescribed the length ot term, and the office has 
been tilled, they cannot extend the term of the incumbent, in case of an 
elective office. People, ex rel. v. Bull, 46 N. Y. 57, distinguishing People v. 
HatcheUor, 22 id. 138. 

Such courts may not he empowered to send process into adjacent towns. 
Geraty v. Reid, 78 N. Y. 65 ; Connor v. Hilton, 66 How. Pr. 141. 

As to Marine Court. See Fcerick v. Connor, II Week. Dig. 342; Anderson 
v. Reilly, 66 N. Y. 189. 

An act organizing a police court in a district not bounded by town, county, 
city or village lines, is invalid. People v. Porter , 90 N. Y. 68. 

Police commissioners not a court, bound by the rules of art. 1, 2 6, but an 
administrative tribunal. People v. Police Com'rs, 93 N. Y. 97. 


Clerks of Supreme Court and Court of Appeals. 

Sec. 20. Clerks of the several counties shall be Clerks 
of tlie Supreme Court, with such powers and duties as 
shall he prescribed by law. The Clerk of the Court of 
Appeals shall keep his office at the seat of government. 
His compensation shall he fixed by law and paid out of the 
public treasury. 


No judicial officer, except Justice of the Peace, to re¬ 
ceive fees. 

Sec. 21. No judicial officer, except Justices of the Peace, 
shall receive to his own use any fees or perquisites of 


CONSTITUTION OF STATE OF NEW YORK. 105 


Article VI — Continued. 

office; nor shall any Judge of the Court of Appeals, Justice 
of the Supreme Court, or Judge of a court of record in 
the cities of New York, Brooklyn or Buffalo, practice as an 
attorney or counselor in any court of record in this State, 
or act as referee. 

But a judge may act as attorney in his own case. Libby v. Rosekrans, 55 
Barb. 202. 

Judgments, etc., may be ordered directly to Court of 

Appeals for review. 

Sec. 22. The Legislature may authorize the judg¬ 
ments, decrees and decisions of any court of record of 
original civil jurisdiction, established in a city, to he re¬ 
moved for review, directly into the Court of Appeals. 

This section was intended to embrace only courts of record established in 

ties which were in existence at the time of the adoption of this article 
(Dec., 1869). Ilutlcoff v. Demoresl, 103 N. Y. 378. 

Publication of Statutes to be provided for. 

Sec. 23. The Legislature shall provide for the speedy 
publication of all Statutes, and also for the appointment by 
the Justices of the Supreme Court designated to hold Gen¬ 
eral Terms, of a reporter of the decisions of that court. 
All laws and judicial decisions shall be free for publication 
by any person. 

Judgosj first election of— When to enter upon duties. 

Sec. 24. The first election of Judges of the Court of Ap¬ 
peals,and of the three additional Judges of the Court of Com¬ 
mon Pleas for the city and county of New York shall take 
place on such day, between the first Tuesday of April and 
the second Tuesday iu June next after the adoption ot this 
article, as may be provided by law. The Court of Appeals, 
the Commissioners of Appeals, and the additional Judges 
of the said Court of Common Pleas, shall respectively en¬ 
ter upon their duties ou the first Monday of July there¬ 
after. 


106 CONSTITUTION OF STATE OF NEW YORK. 


Article VI— Continued. 

Local judicial officers—Term of office of present in¬ 
cumbents. 

Sec. 25. Surrogates, Justices of the Peace and local ju¬ 
dicial officers provided for in section sixteen, in office when 
this article shall take effect, shall hold their respective 
offices until the expiration of their terms. 

Courts of Special Sessions. 

Sec. 26. Courts of Special Sessions shall have such juris¬ 
diction of offenses of the grade of misdemeanors as may 
be prescribed by law. 

0 

See People v. Austin , 49 Ilun, 397; Devine v. People , 20 id. 98. These courts 
may receive exclusive jurisdiction in petit larceny. People v. Dutcher , 83 N. 
Y. 240. 

Surrogates’ Courts. 

ISec. 27. For the relief of Surrogates’ Courts, the Legis¬ 
lature may confer upon courts of record, in any county 
having a population exceeding four hundred thousand, the 
powers and jurisdiction of Surrogates, with authority to 
try issues of fact by jury in probate causes. 

Court of Appeals may order causes to be heard by 
Commission of Appeals. 

* Sec. 28. The Court of Appeals may order any of the 
causes, not exceeding five hundred in number, pending in< 
that court at the time of the adoption of this provision, to 
be heard and determined by the Commissioners of Ap- 
peals, and the Legislature may extend the term of service 
of the Commissioners of Appeals, not exceeding twoyears.f 

Legislature to provide for not more than five general 
terms— Flection of additional justices — When jus¬ 
tices to be invested with office. 

X Sec. 28. The Legislature, at the first session thereof 
after the adoption of this amendment, shall provide for 

* Section 28, added by vote of the people, November 5.1872. 

t Term of service of Commissioners of Appeals, extended to July 1. 1875, by 
chapter 3, Laws of 1873. 

t So in the original. As amended by vote of the people, November 7,18S2. 



CONSTITUTION OF STATE OF NEW YORK. 107 


Article VI— Continued. 

organizing- in tlie Supreme Court not more than five Gen¬ 
eral Terms thereof; and for the election at the general elec¬ 
tion next after the adoption of this amendment, by the 
electors of the judicial districts mentioned in this section, 
respectively, of not more than two Justices of the Supreme 
C ourt in addition to the Justices of that court now in 
office in the first, fifth seventh and eighth, and not more 
than one Justice of that court in the second, third, fourth 
and sixth judicial districts * The Justices so elected shall 
be invested with their offices on the first Monday of June 
next after their election. 

ARTICLE VII. 

Canal debt—Sinking Fund-Jnnel, 1840, $1,300,000 
— June 1, 1855, $1,TOO,000. 

Section 1. After paying the expenses of collection, su¬ 
perintendence and ordinary repairs, there shall be appro¬ 
priated and set apart in each fiscal year out of the revenues 
of the State canals, in each year, commencing on the first 
day of June, one thousand eight hundred and forty-six, the 
sum of onemillion and three hundred thousand dollars until 
the first day of June, one thousand eight hundred and fifty- 
five, and from that time the sum of one million and seven 
hundred thousand dollars in each fiscal year, as a sinking 
fund to pay the interest and redeem the principal of that 
part of the State debt called the canal debt, as it existed 
at the time first aforesaid, and including three hundred 
thousand dollars then to be borrowed, until the same shall 
he wholly paid; and the principal and income of the said 
sinking fund shall be sacredly applied to that purpose. 

Crcneral Fund Debt—Sinking Fund, $350,000; after 
certain period, $1,500,000. 

Sec. 2. After complying with the provisions of the first 
section of this article, there shall be appropriated and set 


* See chapter 329, Laws of i883. 



108 CONSTITUTION" OF STATE OF NEW YORK. 


Article VII— Continued. 

apart out of the surplus revenues of the State canals, in 
each fiscal year, commencing on the first day of June, one 
thousand eight hundred and forty-six, the sum of three 
hundred and fifty thousand dollars, until the time when a 
sufficient sum shall have been appropriated and set apart un¬ 
der the said first section, to pay the interest and extinguish 
the entire principal of the canal debt; and after that period 
then the sum of one million and five hundred thousand dol¬ 
lars : .n each fiscal year, as a sinking fund, to pay the interest 
and redeem the principal of that part of the State debt called 
the general fund debt, including the debt for loans of the State 
credit to railroad companies which have failed to pay the in¬ 
terest thereon, and also the contingent debt on State stocks 
loaned to incorporated companies which have hitherto paid 
the interest thereon, whenever and as far as any part thereof 
may become a charge on the Treasury or general fund, until 
the same shall be wholly paid; and the principal and incomeof 
tliesaid last-mentioned sinking fundshall besacredly applied 
to the purpose aforesaid and if the payment of any part of the 
moneys to the said sinking fund shall at any time be deferred, 
by reason of the priority recognized in the first section of this 
article, the sum so deferred with quarterly interest thereon 
at the then current rate shall be paid to the last-mentioned 
sinking fund, as soon as it can lie done consistently with 
the just rights of the creditors holding said canal debt. 

No tolls to be imposed—’ Annual tax for expenses — 
Canal debt —Work and materials— No extra com¬ 
pensation to contractors. 

*Sec. 3. The first and second sections of this article 
having been fully complied with, no tolls shall hereafter 
be imposed on persons or property transported on the canals, 
but all boats navigating the canals, and the owners and 
masters thereof, shall be subject to such laws and regula¬ 
tions as have been or may hereafter be enacted concerning 


* Section 3, as amended by vote ot the people, November 7,1882. 




CONSTITUTION OF STATE OF NEW YORK. 109 


Article VII — Continued. 

tlie navigation of the canals. The Legislature shall, an¬ 
nually, by equitable taxes, make provision for the expenses 
of the superintendence and repairs of the canals. The 
canal debt contracted under the section hereby amended, 
which on the first day of October, eighteen hundred and 
eighty, amounted to eight million nine hundred and eighty- 
two thousand two hundred dollars, shall continue to bo 
known as tho “canal debt, under article seven, section 
three of the Constitution ; ” and the sinking fund applica¬ 
ble to the payment thereof, together with the contributions 
to be made thereto, shall continue to be known as the “ canal 
debt sinking fund,” and the principal and interest of said 
debt shall be met as provided in the fifth section of this 
article. All contracts for work or materials on any canal 
shall be made with the person who shall offer to door pro¬ 
vide the same at the lowest price with adequate security 
for their performance. No extra compensation shall be 
made to any contractor; but if, from any unforeseen cause, 
the terms of any contract shall prove to be unjust aud 
oppressive, the Canal Board may, upon the application of 
the contractor, cancel such contract. 


Tho act of July 10,1851, which provides for the borrowing of money upon 
canal revenue certificates payable out of the future surplus revenues after 
the completion of the canals, and for the application of the whole sum to the 
completion of the canals within three years, is repugnant to this section. 
Newell v. People,, 3 N. Y. 83. , 

The act of 1851, imposing tolls on freight on railroads, payable to the Canal 
Commissioners, is constitutional; such tolls are not part of the canal reve¬ 
nues. People v. N. Y. C. R. R. Co., 24 N. Y. 485. 

The requirement that the contracts are to be let to the lowest bidder is not 
to be construed literally; the Commissioners have a discretion. People, ex 
rel. Frost, v. Fay, 3 Laris. 398. ... . . , , 

The act authorizing the Canal Board to take proof of the cost of work under 
contract, and in case it exceeds the contract price to specify the price to be 
paid, and directing payment accordingly, is unconstitutional. 1 eople, ex rel. 
Sherrill, v. Canal Board, 4 Lans. 272. 

But the Legislature may, during or after the work, increase the prices or 
allow extra compensation. People, exrel. }\illiaM8,v. Dayton, 55 rl. Y. u(>7. 


Loans to Incorporated companies not to be released 
or compromised. 

Sec. 4. Tlie claims of the State against any incorporated 
company to pay the interest and redeem the principal of 




110 CONSTITUTION OF STATE OF NEW YOliK. 


Article VII;— Continued. 

the stock of the State loaned or advanced to such company, 
shall be fairly enforced, and not released or compromised ; 
and the moneys arising from such claim shall be set apart 
and applied as part of the sinking fund provided in the 
second section of this article. But the time limited for the 
fulfillment of any condition of any release or compromise 
heretofore made or provided for may be extended by law. 

Annual lax to pay Interest and extinguish canal debt 
— Legislature may impose tax for fiscal year begin¬ 
ning October 1* 1883, sufficient to pay debt—Pro¬ 
vision for retirement of debt. 

*Sec. 5. There shall annually be imposed and levied 
a tax, which shall be sufficient to pay the interest and ex¬ 
tinguish the principal of the canal debt mentioned in the 
third section of this article, as the same shall become due 
and payable, and the proceeds of such tax shall in each 
fiscal year be appropriated and set apart for the sinking 
fund constituted for the payment of the principal and the 
interest of the aforesaid debt. But the Legislature may, in 
its discretion, impose for the fiscal year beginning on the 
first day of October, eighteen hundred and eighty-three, a 
State tax on each dollar of the valuation of the property in 
this State which may by law then be subject to taxation, 
sufficient with the accumulations of the sinking fund appli¬ 
cable thereto, to pay in full both the principal and interest 
of the canal debt before mentioned, and the proceeds of 
such tax shall be appropriated and set apart for the sinking 
fund constituted for the payment of the principal and 
interest of said debt. In the event of such action by the Leg¬ 
islature, then the Legislature shall, under the law direct¬ 
ing the assessment and levy of such tax, make such pro¬ 
vision for the retirement of the canal debt as it shall deem 
equitable and just to the creditors of the State. 


* Aa amended by vote of the people, November 7,1882. 





CONSTITUTION OF STATE OF NEW YORK. Hi 


Article VII — Continued. 

Certain Canals of tlie State not to be leased or aold — 
from leases or sale, Uoiv applied* 

* {Sec. 0. The Legislature shall not sell, lease or other¬ 
wise dispose of the Erie canal, the Oswego canal, the 
Champlain canal, the Cayuga and Seneca canal, or the Black 
River canal; but they shall remain the property of the 
State and under its management forever. All funds that 
may be derived from any lease, sale or other disposition of 
any canal shall be applied in payment of the canal debt 
mentioned in the third section of this article. 

Act providing for the use of waters of Skuneateles Lake to supply Syracuse 
with water, etc., valid. Matter of Comstock , 26State ltep. 617. 

No prescriptive right to use the waters of the canals can be acquired by any 
citizen, under this section. Burbank v. Fay, 5 Lans. 397. 

This does not apply to an abandoned canal. People v. Stephens, .13 Hun, 17. 


Salt springs. 

Sec. 7. The Legislature shall never sell or dispose of the 
Salt Springs belonging to this State. The lands contigu¬ 
ous thereto, and which may be necessary and convenient 
for the use of the Salt Springs, may be sold by authority 
of law and under the direction of the Commissioners of 
the Land Office, for the purpose of investing the moneys 
arising therefrom in other lands alike convenient; but by 
such sale and purchase the aggregate quantity of these 
lands shall not be diminished. 


This provision does not forbid the appropriation of such lands for public 
highways, canals or railroads. Parmalee v. Oswego <£ Syracuse R. P. Co ., 
7 Barb. 599 ; 6N. Y. 74. 

One to whom such lands have been set apart under the statute, and who 
made expenditures and permanent erections for the manufacture of salt, 
acquired no inheritable estate thereby, and his heirs could not maintain par¬ 
tition. Newcomb v. Newcomb , 12 N. Y. 603. 


Appropriation bills. 

Sec. 8. No moneys shall ever be paid out of the Treasury 
of this State, or any of its funds, or any of the funds 
under its management, except in pursuance of an appro¬ 
priation by law; nor unless such payment be made within 
two years next after the passage of such appropriation act; 


* As amended by vote of the people, November 7,1882. 







112 CONSTITUTION OF STATE OF NEW YOIiK. 


Article YII — Continued. 

and every sucli law making a new appropriation, or con¬ 
tinuing or reviving an appropriation, shall distinctly specify 
the sum appropriated, and the object to which it is to be 
applied; and it shall not be sufficient for such law to refer 
to any other law to fix such sum. 

See Clark v. Sheldon , JOG N. Y. 104. 

State credit not to l>e loaned. 

Sec 9. The credit of the State shall not, in any manner, 
be given or loaned to, or in aid of, any individual, associa¬ 
tion or corporation. 

An act authorizing insurance companies to deposit a fund with the State 
Insurance Department, is valid. Attorney-General v. North Am. Life Ins. 
Co., 82 N. Y. 172. 

Power of contract debts limited. 

Sec. 10. The State may, to meet casual deficits or fail¬ 
ures in revenues, or for expenses not provided for, contract 
debts, but such debts, direct and contingent, singly or in 
the aggregate, shall not at any time exceed one million of 
dollars; and the moneys arising from the loans creating 
such debts shall be applied to the purpose for which they 
were obtained, or to repay the debt so contracted, and to no 
other purpose whatever. 

Debts to repel invasion) etc. 5 may be contracted* 

Sec. 11. In addition to the above limited power to con¬ 
tract debts, the State may contract debts to repel invasion, 
suppress insurrection, or defend the State in war; but the 
money arising from the contracting of such debts shall be 
applied to the purpose for which it was raised, or to repay 
such debts, and to no other purpose whatever. 

Limitation of tbe legislative power in tbc creation of 
debts. 

Sec. 12. Except the debts specified in the tenth and 
eleventh sections of this article, no debts shall be hereafter 
contracted by or on behalf of this State, unless such debt 


CONSTITUTION OP STATE OF NEW YOKE. 113 


Article VII —Continued. 

shall be authorized by a law, for some single work or ob 
ject, to be distinctly specified therein; and such law shall 
impose and provide for the collection of a direct annual 
tax to pay, and sufficient to pay, the interest on such debt 
as it falls due, and also to pay and discharge the principal 
of such debt within eighteen years from the time of the 
contracting thereof. No such law shall take effect until 
it shall, at a general election, have been submitted to the 
people, and have received a majority of all the votes cast 
for and against it, at such election. On the final passage 
of such bill in either house of the Legislature, the ques¬ 
tion shall be taken by ayes and noes, to be duly entered on 
the journals thereof, and shall be: “ Shall this bill pass, 
and ought the same to receive the sanction of the people ? ” 
The Legislature may at any time, after the approval of 
such law by the people, if no debt shall have been con¬ 
tracted in pursuance thereof, repeal the same; and may at 
any time, by law, forbid the contracting of any further 
debt or liability under such law; but the tax imposed by 
such act, in proportion to the debt and liability which may 
have been contracted, in pursuance of such law, shall re¬ 
main in force and be irrepealable, and be annually col¬ 
lected, until the proceeds thereof shall have made the pro¬ 
vision hereinbefore specified to pay and discharge tho 
interest and principal of such debt and liability. The 
money arising from any loan or stock creating such debt or 
liability shall be applied to the work or object specified in 
the act authorizing such debt or liability, or for the repay¬ 
ment of such debt or liability, and for no other purpose 
whatever. No such law shall be submitted to be voted on, 
within three months after its passage, or at any general 
election, when any other law, or any bill, or any amend¬ 
ment to the Constitution, shall be submitted to be voted for 
or against. 

The canal law of 1851, which authorized the raising of a loan to the. State, 

8 


114 CONSTITUTION OF STATE OF NEW YORK. 


Article VII — Continued. 

on certificates pledging the c.anal revenues for payment of principal and in¬ 
terest, and excluding in terms any other liability on the part of the State 
than such as is contained in the law, with a provision that the State shall 
not be liable, in any event, to make up any deficiency in the revenues, and 
that the certificates should in no event, or contingency, be so construed as to 
create any debt or liability of the State, or the people thereof, within this 
section of the Constitution, is nevertheless repugnant to this section. Newell 
v. People , 7 N. Y. 9, 93. 

An act making appropriations fora large number ot different objects, and 
creating a debt for their payment, is unconstitutional: the fact that the act 
declares that such debt is for the “ single object ” of paying such “ appropria¬ 
tion” does not save it. People, ex rel. Hopkins, v. Board of Supervisors of 
Kings Co., 52 N. Y. 556. 

That act is also unconstitutional because in providing for a certain tax “ or 
so much thereof as may bo necessary ” for the purposes named, it does not 
distinctly state the tax. Id. 

This section relates only to State finances and taxes; not to taxes of mu¬ 
nicipalities for local improvements. People, ex rel. N. Y. d: H. It. It. Co.,v. 
Havemeyer, 3 Hun, 97 ; People v. Supervisors of Chenango, 4 Seld. 317; Dar¬ 
lington v. Mayor, 31 N. Y. 136. 

An act authorizing the construction of certain roads in certain towns, and 
directing the issue of town bonds to defray the expense, without the consent 
of the inhabitants, is valid. People, ex rel. McLean, v. Flagg, 16 N. Y . 4U1. 

Sinking funds to be separately kept and safely In¬ 
vested. 

* Sec. 13. The sinking funds provided for the payment 
of interest and the extinguishment of the principal of tho 
debts of the State shall be separately kept and safely in¬ 
vested, and neither of them shall be appropriated or used 
in any manner other than for the specific purpose for which 
it shall have been provided. 


Claims barred by lapse of time - Limitation of exist¬ 
ing claims. 

* Sec. 14. Neither the Legislature, Canal Board, Canal 
Appraisers, nor any person or persons acting in behalf of 
the State, shall audit, allow, or pay any claim which, as 
between citizens of the State, would be barred by lapse of 
time. The limitation of existing claims shall begin to 
run from the adoption of this section; but this provision 
shall not be construed to revive claims already barred by 
existing statutes, nor to repeal any statute fixing the time 
within which claims shall be presented or allowed, nor 
shall it extend to any claims duly presented within the 


* As amended by vote of the people, November 3,1374. 






CONSTITUTION OF STATE OF NEW YORK. 115 


Article YII— Continued. 

time allowed by law, and prosecuted with due diligence 

from the time of such presentment. But if the claimant 

shall be under legal disability, the claim maybe presented 

within two years after such disability is removed. 

Claims which have beeuduly presented are not barred. Corkins v. State. 
99 N. Y. 491. 


ARTICLE VIII. 


Corporations, how created. 

Section 1. Corporations may be formed under general 
laws; but shall not be created by special act, except for 
municipal purposes, and in cases where, in the judgment 
of the Legislature, the objects of the corporation cannot 
be attained under general laws All general laws and spe¬ 
cial acts passed pursuant to this section may be altered 
from time to time or repealed. 

uvw.o ’A oos 111 N. Y. 2 . 

An act requiring a railroad corpora tion'[organized under the general rail¬ 
road act to pay a tax upon gross receipts instead of a license fee previously 
exacted may be deemed au alteration and amendment of the charter and so 
within the power reserved to the Legislature by the above section. Mayor 
v. Twenty-third St. It. Co., 113 N. Y. 311. 

This provision is permissive, not mandatory. Matter of Tax-Tapers of 
Kinyston, 40 IIow. 444. This section abolishes the old and provides a new 
system; hence laws passed since 184G are exclusive of those of prior date. 
Rochester v. Barnes, 26 Barb. 657. 

An act for the reorganizing an old corporation is not within this provision; 
Moshier v. Hilton, 15 Barb. 657; nor is an act remedying a technical defect in 
the organizaticn; Syracuse CityJUmlc v. Davis, 16 Barb. 188; nor an act regu¬ 
lating an existing corporation; Ally.-General v. No. Am. Life Ins. Co., 82 

N. Y. 172. 

A special act for incorporation is not unconstitutional by reason of the 
existence of a general law; the„necessity of the act is in the legislative dis¬ 
cretion. People v. Bowen, 21 N. Y. 517. 

The Legislature may impose such restrictions and conditions as the public 
good requires ; thus, in case of a railroad company, the manner of building 
bridges, speed of trains, rates of fore, etc., although a charter has been grantee! 
without reserving power to amend People, ex rel. V. Boston, etc., R. R. Co., 
70 N. Y. 569. 


Debts of corporations. 

Sec. 2. Dues from corporations shall be secured by such 
individual liability of the corporators and other means as 
may be prescribed by law. 


116 CONSTITUTION OF STATE OF NEW YOIiK. 


Article VIII — Continued. 

44 Corporations 95 defined. 

Sec. 3, The term corporations as used in this articlo 
shall be construed to include all associations and joint- 
stock companies having any of the powers or privileges of 
corporations not possessed by individuals or partnerships. 
And all corporations shall have the right to sue and shall 
be subject to be sued in all courts in like cases as natural 
persons. 

Summary proceedings to enforce individual liability, are valid. Empire 
City Bank, 18 N. Y. 199. 

A provision in a railway charter that the Supreme Court alone shall issue 
injunctions against it, is invalid. Story v. N. Y. El. R. Co., 3 Abb. N. C. 
478. See Van Vranken v. City of Schenectady , 31 llun, 510. 

Charters for savings hanks and banking purposes. 

* Sec. 4. The Legislature shall, by general law, conform 
all charters of savings banks, or institutions for savings, 
to a uniformity of powers, rights and liabilities, and all 
charters hereafter granted for such corporations shall be 
made to conform to such general law, and to such amend¬ 
ments as may be made thereto. And no such corporation 
shall have any capital stock, nor shall the trustees thereof, 
or any of them, have any interest whatever, direct or in¬ 
direct, in the profits of such corporation; and no director 
or trustee of any such bank or institution shall be inter¬ 
ested in any loan or use of any money or property of such 
bank or institution for savings. The Legislature shall 
have no power to pass any act granting any special charter 
for banking purposes; but corporations or associations may 
be formed for such purposes under general laws. 

The United States Trust Company is not within this x>rohibition. _ U. S. 
Trust Company of N. Y. v. Brady, 20 barb. 119. 

The People’s Safe Deposit Company is legally authorized to issue certificates 
for deposits of money. Pardee v. Pish, Go N. Y. 394. 

Specie payments. 

Sec. 5. The Legislature shall have no power to pass any 
law sanctioning in any manner, directly or indirectly, the 
suspension of specie payments, by any person, association 
or corporation issuing bank notes of any description. 


* As amended by vote of the people, November 3,1S74. 





CONSTITUTION OF STATE OF NEW YORK. 117 


Article VIII —Continued. 

Registry of hills or notes. 

Sec. 6. The Legislature shall provide by law for the 
registry of all bills or notes, issued or put iu circulation as 
money, and shall require ample security for the redemp¬ 
tion of the same in specie. 

Individual responsibility of stockholders. 

Sec. 7. The stockholders in every corporation and joint 
stock association for banking purposes issuing bank notes 
or any kind of paper credits to circulate as money, after 
the first day of January, one thousand eight hundred and 
fifty, shall be individually responsible to the amount of 
their respective share or shares of stock in any such cor¬ 
poration or association, for all its debts and liabilities of 
every kind, contracted after the said first day of January, 
one thousand eight hundred and fifty. 

This requires, in addition to the loss i.f the.amount of capital stock paid in, 
the contribution ol an amount equal to the amount of the respective shares 
ol stock. Empire City Bank , 18 N. Y. 199. 

This provision applies to banks chartered before the year 1846. Matter oj 
Reciprocity Bank , 17 How. Pr. 323. 


Insolvency of banks, preference. 

5SEC. b. In case of the insolvency of any bank or banking 
association, the billholders thereof shall bo entitled to 
preference, in payment, over all other creditors of such 
bank or association. 

Legislature to provide for tlie Incorporation of cities 
and villages, and to define powers thereof in cer¬ 
tain cases. 

Sec. 9. It shall be the duty of the Legislature to pro¬ 
vide for the organization of cities and iucorporated villages, 
and to restrict their power of taxation, assessment, borrow¬ 
ing money, contracting debts, and loaning their credit, so 
as to prevent abuses in assessments, and in contracting 
debt by such municipal corporations. 

The right of the Legislature to delegate the power of taxation to village and 
municipal agencies is constantly practiced and recognized. Waller stein v. 
Judpe, 24 State Rep. 814. 


118 CONSTITUTION’ OF STATE OF NEW YORK. 


Article VIII — Continued. 

This does not prohibit the Legislature from granting to municipal corpora¬ 
tions new and enlarged powers in respect to the creation ot debt. Benson v. 
Mayor of Albany , 24 Barb. 248; Bank of Rome v. Rome , 18 N. Y 38; Grant 
v. Courier , 24 Barb. 232; People , ex rel. Grijjin , v. J/ayor o/ Brooklyn , 4 . 1. 
419 

But a municipal officer may be authorized to place water meters and impose 
a lien for their use. Hill v. Thompson, 50 Super. 165. 


The credit or money of (he State not to be given or 
loaned. 

* SEC. 10. Neither the credit nor the money of the State 
shall be given or loaned to or in aid of any association, 
corporation or private undertaking. This section shall not, 
however, prevent the Legislature from making such pro¬ 
vision for the education and support of the blind, the deaf 
and dumb, and juvenile delinquents, as to it may seem 
proper. Nor shall it apply to any fund or property now 
held, or which may hereafter be held, by the State for 
educational purposes. 

Not applicable to power of supervisors of New York city to levy tax. 
Shepherd's Fold v. Mayor, 96 N. Y. 137. 

Counties, cities, towns and villages not to give money 
or property or loan tlieir money or credit — Tlieir 
power to contract debts limited. 

* SEC. 11. No county, city, town or village shall hereafter 
give any money or property, or loan its money or credit to 
or in aid of any individual, association or corporation, or 
become directly or indirectly the owner of stock in, or 
bonds of, any association or corporation; nor shall any such 
county, city, town or village be allowed to incur any 
indebtedness except for county, city, town or village pur¬ 
poses. This section shall not prevent such county, city, 
town or village from making such provision for the aid or 
support of its poor as may be authorized by law. No 
county containing a city of over one hundred thousand 
inhabitants, or any such city, shall be allowed to become 
indebted for any purpose or in any manner to an amount 
which, including existing indebtedness, shall exceed ten 

* Sections 10 and 11 added by vote of the people, November 3, 1874, and sec¬ 
tion 11 amended by vote of the people, November 4, 1881. 






CONSTITUTION OF STATE OF NEW YORK. 119 


Article VIII— Continued. 

per centum of the assessed valuation of the real estate of 
such county or city subject to taxation, as it appeared by 
the assessment-rolls of said county or city on the last assess¬ 
ment for State or county taxes prior to the incurring of 
such indebtedness; and all indebtedness in excess of such 
limitation, except such as may now exist, shall be abso¬ 
lutely void, except as herein otherwise provided. No such 
county or such city whose present indebtedness exceeds 
ten per centum of the assessed valuation of its real estate 
subject to taxation shall be allowed to become indebted in 
any further amount until such indebtedness shall be 
reduced within such limit. This section shall not be con¬ 
strued to prevent the issuing of certificates of indebtedness 
or revenue bonds issued in anticipation of the collection of 
taxes for amounts actually contained, or to be contained in 
the taxes for the year when such certificates or revenue 
bonds are issued and payable out of such taxes. Nor shall 
this section be construed to prevent the issue of bonds to 
provide for the supply of water, but the term of the bonds 
issued to provide for the supply of water shall not exceed 
twenty years, and a sinking fund shall be created on the 
issuing of the said bonds for their redemption, by raising 
annually a sum which will produce an amount equal to the 
sum of the principal and interest of said bonds at their 
maturity. The amount hereafter to be raised by tax for 
county or city purposes, in any county containing a city of 
over one hundred thousand inhabitants, or any such city of 
this State, in addition to providing for the principal and in¬ 
terest of existing debt, shall not in the aggregate exceed in 
any one year two per centum of the assessed valuation of 
the real and personal estate of such county or city, to be 
ascertained as prescribed in this section in respect to county 
or city debt. 

The Legislature may authorize a municipal corporation to subscribe for the 
stock of a railroad, which, by terminating within the municipal limits, is 


120 CONSTITUTION - OF STATU OF NEW YORK. 


Article VIII — Continued. 

calculated to benefit the inhabitants. Bank of Rome v. Rome, 18 N. Y. 38; 
People, ex ret. Albany, etc., R. R. Co., v. Mitchell, 35 id. 551. 

The Legislature cannot compel a town to become a stockholder in a railroad 
company without its consent. Peojjle.ex rel. Dunkirk , W. (£ P. R. R. Co., 
v. Batchellor, 53 N. Y. 128. , . , , , , , 

The Legislature may compel a town to pay bonds issued for a local improve- 
ment under an unconstitutional statute. Knapp v. Newtown, 1 Hun, 268. 

They cannot authorize a municipal corporation to issue its obligations for 
the purpose of raising money to pay a subscription of the corporation to tho 
capital stock of a private corporation, and provide for the payment oi such 
obligations by taxation. Weiscncr v • Villa ye of Douglas, 64 N. Y. 91. 

The method of obtaining the assent of a town to subscribe and issue bonds 
is in the legislative discretion ; the Legislature may authorize the assent to 
be given by an officer of the town. Even where the 3 r had previously clothed 
a majority of tax payers with the .authority, it may also take away previous 
conditions or impose new ones. Town of Duanesburgh v. Jenkins, 57 N. Y. 

This section does not prohibit a statute authorizing two cities to construct 
a public bridge connecting them. People v. Kelly, 5 Abb. N. C. 383 ; 76 
N. Y. 175. 

An act’authorizing municipal corporations holding railroad bonds to sell 
them, is invalid. Town of 117 leatland v. Taylor, 29 llun, 70. See Shepherd' s 
Fold v. Mayor, 96 N. Y. 137. 

Chapter 272, Laws of 1881, is within the saving clause for support of tho 
poor. People v. Cornm'rs, N. Y. Daily Keg., Dec. 4,1883. 

A park is a “ city purpose.” Matter of Mayor. 99 N. Y. 569. 

So the construction and operation of an electric-light system by a city. 
ITequemborg v. City of Dunkirk, 49 Hun, 550. 

Issuing of bonds in aid of water supply is a debt created for “ city purpose.' 
Matter of Comstock, 26 State Rep. 612. 

A corporation may authorize an acknowledged debt, mils v. Pcekskill 
Savings Bank, 101 N. Y. 490. 


ARTICLE IX. 

Common Scliool, litterature ami United States I>e- 
posit FuikIn. 

Section 1. The capital of the common school fund, 
the capital of the literature fund, and the capital of the 
United States deposit fund, shall be respectively pre¬ 
served inviolate. The revenue of the said common 
school fund shall be applied to the support of common 
schools; the revenue of the said literature fund shall bo 
applied to the support of academies, and the sum of twenty 
five thousand dollars of the revenues of the United States 
deposit fund shall each year be appropriated to and made 
part of the capital of tho said common school fund. 

A statute authorizing an orphan asylum to share in the distribution of the 
common school revenues is unconstitutional ; People v. Board of Ed. of 
Brooklyn, 13 Barb. 400; so of a normal school; Gordon v. Carries,!! N. Y. 
608 ; so of an astronomical observatory; People v, Allen, 42 id. 404. 


CONSTITUTION OF STATE OF NEW YORK. 121 


ARTICLE X. 

Sheriffs, Clerks of counties, Register and Clerk of 

New York, Coroners and District Attorneys—Gov¬ 
ernors may remove. 

Section 1. Sheriffs, Clerks of counties, including the 
Register and Clerk of the city and county of New York, 
Coroners, and District Attorneys, shall be chosen, by the 
electors of the respective counties, once in every three 
years and as often as vacancies shall happen. Sheriffs 
shall hold no other office, and he ineligible for the next 
three years after the termination of their offices. They 
may be required by law to renew their security, from time 
to time; and in default of giving such new security, their 
offices shall be deemed vacant. But the county shall never 
be made responsible for the acts of the Sheriff. The Gov¬ 
ernor may remove any officer, in this section mentioned, 
within the term for which he shall have been elected; giv¬ 
ing to such officer a copy of the charges against him, and 
an opportunity of being heard in his defense. 

One elected to fill a vacancy serves for a full term of three years. Coutant 
v. People,\l Wend. 511. 

The act making counties liable for damage by mobs and riots does not con¬ 
flict with this. Moody v. Board of Sup., 46 Barb. 659. 

An act taking away custody of Albany county jail and prisoners from the 
sheriff and giving it to the superintendent of the Albany county penitentiary 
is invalid. People v. Keeler , 29 Hun, 175; 64 How. Pr. 478. 

Officers, how chosen or appointed. 

Sec. 2. All county officers, whose election or appointment 
is not provided for by this Constitution, shall be elected 
by the electors of the respective counties or appointed by 
the boards of supervisors, or other county authorities, as the 
Legislature shall direct. All city, town and village officers, 
whose election or appointment is not provided for by this 
Constitution, shall be elected by the electors of such cities, 
towns and villages, or of some division thereof, or appointed 
by such authorities thereof, as the Legislature shall desig¬ 
nate for that purpose. All other officers, whose election 
or appointment is not provided for by this Constitution, 


122 CONSTITUTION OF STATE OF NEW YORK 


Article X — Continued . 

and all officers, whose offices may hereafter be created 
by law, shall be elected by the people, or appointed, as the 
Legislature may direct. 

The Legislature may attach a penalty to the refusal to accept office. City 
of Brooklyn v. Scholes, 31 Hun. 110. 

A county officer is one required to reside in and perform duties in tho 
county; the health officer of the city and county of New York is not one. 
Matter of Whiting , 2 Barb. 513. 

A commissioner of loans is a county officer. Matter of Carpenter, 7 Barb. 
30. 

The Legislature may appoint commissioners to widen a highway by pro¬ 
ceedings unlike those of commissioners of highways. People, ex rel. v. 
McDonald , GO N. Y. 362. 

They may authorize the appointment of a special surrogate by the Su¬ 
preme Court. Matter of Hathaway, 71 N. Y. 238. 

The appointment of Central Park commissioners by the Legislature was 
valid. Astor v. Mayor, 62 N. Y. 367. 

The reservation of the right to elect relates only to such offices as existed 
at the time the Constitution took effect. People Draper, 15 N. Y. 532; 
People, ex rel. Kingsland, v. Palmer, 52 id. 83. 

This provision applies to town collectors; People, ex rel.v. McKinney, 52 
N. Y. 374; and tax receiver; People, ex rel v. (brooks, 53 id. 648; and tax 
commissioners in New York city. People v. llaymond, 37 id. 428. 

Where a new town is created out of an old one a provision that the old 
officers should continue in office and act for both towns till the next election, 
is constitutional. People, ex rel. v. Hayt, 7 Hun, 39. 

Not applicable to transfer of power from one local board to another. 
Matter of Lexter, 21 ITun, 130. 

An act abolishing election of commissioners of charities and substituting 
appointment by the pro tern, president of the board of supervisors, is legal. 
Matter of Carboy, 27 Hun, 82. 

Act appointing police .justice in a village with criminal jurisdiction of 
justices of peace, of towns, valid. Bocock v. Cochran, 32 Hun, 521. 

Not applicable to park police. Matter of Mayor. 99 N. Y. 569. 

The members of the board of examiners created by the act of 1S74, chap. 
547, are not as such, city officers of the city of New York; 106 N. Y. 566. 


Dnration of office. 

Sec. 3. When the duration of any office is not provided 

by this Constitution, it may be declared by law, and if not 

so declared, such office shall be held during the pleasure 

of tho authority making the appointment. 

Having been declared by the Legislature it cannot he extended so as to 
affect an incumbent. People, ex rel. Fowler, v. Bull, 46 N. Y. 57 
This does not apply to an office only directed to bo first filled by fhe act of 
the appointing power constituted for the purpose. Bergen v. Powell, 30 Ilun, 
438. 

Time of election. 

Sec. 4. The time of electing all officers named in this 
article shall be prescribed by law. 


CONSTITUTION OF STATE OF NEW YORK. 123 


Article X—Continued. 

Vacancies In office, how tilled. 

Sec. 5. The Legislature shall provide for filling vacancies 
in office, and in case of elective officers, no person ap¬ 
pointed to fill a vacancy shall hold his office by virtue of 
such appointment longer than the commencement of the 
political year next succeeding the first annual election after 
the happening of the vacancy. 


This does not operate to entitle the appointee to hold until the commence- 
the next Pohtical year in all cases. People, v. Keeler, 17 N Y 370 

«./ 7 . d ?o S ™°v app ! y t0 county superintendents of the poor. Peoples'. Corn - 
sloc/c , 7o N. Y. 356. 


Political year. 

&EC. 6. The political year and legislative term shall 
begin on the first day of January; and the Legislature shall, 
every year, assemble on the first Tuesday in January, 
unless a different day shall be appointed by law. 

Removal from office. 

Sec. 7. Provision shall be made by law for the removal 
for misconduct or malversation in office of all officers (ex¬ 
cept judicial) whose powers and duties are not local or leg¬ 
islative and who shall be elected at general elections, and 
also for supplying vacancies created by such removal. 

When office deemed vacant. 

Sec. 8. The Legislature may declare the cases in which 
any office shall be deemed vacant when no provision is 
made for that purpose in this Constitution. 


Compensation of certain officers. 

* Sec. 9 No officer whose salary is fixed by the Consti¬ 
tution shall receive any additional compensation. Each 
of the other State officers named in the Constitution shall, 
during his continuance in office, receive a compensation, to 
be fixed by law, which shall not be increased or diminished 
during the term for which he shall have been elected or 


* Section 9 added by vote of the people November 3, 1874. 



124 CONSTITUTION OF STATE OF NEW YORK. 


Article X—Continued. 

appointed; nor shall he receive to his use any fees or per¬ 
quisites of office or other compensation. 

An act authorizing supervisors to pay a judge an additional compensation 
is valid as to one elected subsequently to such action of the supervisors; . 
People v. Edmonds , 15 Earb. 529 ; otherwise as to judges in office at the time 
of the passage of the act. People , ex rel. Mitchell , v. Haws , 32 id. 207. 


ARTICLE XI. 

Militia. 

Section 1. The militia of this State shall, at all times 
hereafter, be armed and disciplined and in readiness for 
service; but all such inhabitants of this State of any relig¬ 
ious denomination whatever as from scruples of conscience 
may be averse to bearing arms, shall be excused therefrom 
upon such conditions as shall be prescribed by law. 

Manner of choosing or appointing militia officers. 

Sec. 2. Militia officers shall be chosen, or appointed as 
follows ; Captains, subalterns, and non-commissioned offi¬ 
cers shall be chosen by the written votes of the members 
of their respective companies. Field officers of regiments 
and separate battalions by the written votes of the com¬ 
missioned officers of the respective regiments and separate 
battalions; Brigadier-Generals and brigade inspectors by 
the field officers of their respective brigades; Major-Gen¬ 
erals, Brigadier-Generals and commanding officers of reg¬ 
iments or separate battalions, shall appoint the staff officers 
to their respective divisions, brigades, regiments or separate 
battalions. 

Officers to be appointed by Governor and Senate — 

Commissary-General. 

Sec. 3. The Governor shall nominate, and with the con¬ 
sent of theSenatc, appoint all Major-Generals and the Com- 


CONSTITUTION OF STATE OF NEW YOIUv. 125 


Article XI— Continued. 

missary-General. Tlio Adjutant-General and other Chiefs 
of stuff departments, and the Aides-de-camp of the Corn- 
man der-in-Chief, shall be appointed by the Governor, and 
their commissions shall expire with the time for which the 
Governor shall have been elected. The Commissary-Gen¬ 
eral shall hold his office for two years. He shall give 
security for the faithful execution of the duties of his 
office in such manner and amount as shall be prescribed 
by law. 

JBlectioifof militia officers. 

Sec. 4. The Legislature shall, by law, direct the time 
and manner of electing militia officers, and of certifying 
their elections to the Governor. 

Officers, how commissioned. 

7 • 

Sec. 5. The commissioned officers of the militia shall bo 
commissioned by the Governor; and no commissioned officer 
shall be removed from office, unless by the Senate on the 
recommendation of the Governor, stating the grounds on 
which such removal is recommended, or by the decision of 
a court-martial, pursuant to law. The present officers of 
the militia shall hold their commissions subject to removal, 
as before provided. 

An act providing for consolidating companies and regiments does notin- 
fringe sections 2 and 5, by depriving officers of office. People . ex rel. Weeks, 
v. Ewen, 17 How. 375. 

JElcction of militia officers may be abolished. 

Sec. 6. In case the mode of election and appointment of 
militia officers hereby directed shall not be found con¬ 
ducive to the improvement of the militia, the Legislature 
may abolish the same, and provide by law for their appoint¬ 
ment and removal, if two-thirds of the members present in 
each house shall concur therein. 


12G CONSTITUTION OF STATE OF NEW YOliK. 


* ARTICLE XII. 

Oatli of office prescribed. 

Section 1. Members of the Legislature (and all officers, 
executive and judicial, except such inferior officers as shall 
be by law exempted) shall, before they enter on the duties 
of their respective offices, take and subscribe the following 
oatli or affirmation: “ I do solemnly swear (or affirm) that 
I will support the Constitution of the United States, and 
the Constitution of the State of New York, and that I will 
faithfully discharge the duties of the office of 
according to the best of my ability ” and all such officers 
who shall have been chosen at any election shall, be¬ 
fore they enter on the duties of their respective offices, 
take and subscribe the oath or affirmation above prescribed, 
together with the following addition thereto, as part 
thereof' 

“And I do further solemnly swear (or affirm) that I have 
not directly or indirectly paid, offered or promised to pay, 
contributed, or offered or promised to contribute any money 
or other valuable thing as a consideration or reward for 
the giving or withholding a vote at the election at which 
1 was elected to said office, and have not made any promise 
to influence the giving or withholding any such vote,” and 
no other oath, declaration or test shall be required as a 
qualification for any office of public trust. 

ARTICLE XIII. 

Amrndments-How proposed, submitted a;td rati¬ 
fied. 

Section 1 . Any amendment or amendments to this Con¬ 
stitution may be proposed in the Senate and Assembly; and 
if the same shall be agreed to by a majority of the mem¬ 
bers elected to each of the two houses, such proposed 
amendment or amendments shall be entered on their jour- 


* As amended by vote of the people, Novembers, 1874. 




CONSTITUTION" OF STATE OF NEW YORK. 127 


Article XIII — Continued. 

nals, with the ayes and nays taken thereon, and referred to 
the Legislature to he chosen at the next general election of 
Senators, and shall be published for three months previous 
to the time of making such choice; and if in the Legisla¬ 
ture so next chosen, as aforesaid, such proposed amend¬ 
ment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shall be the 
duty of the Legislature to submit such proposed amend¬ 
ment or amendments to the people, in such manner and at 
such time as the Legislature shall prescribe; and if the 
people shall approve and ratify such amendment or amend¬ 
ments, by a majority of the electors qualified to voto for 
members of the Legislature, voting thereon, such amend¬ 
ment or amendments shall become part of the Constitution. 

Future conventions, Iiow called. 

Sec. 2. At the general election to be held in the year 
eighteen hundred and sixty-six, and in each twentieth year 
thereafter, and also at such time as the Legislature may by 
law provide, the question, “Shall there be a convention to 
revise the Constitution, and amend the same V* shall be 
decided by the electors qualified to vote for members of 
the Legislature; aud in case a majority of the electors so 
qualified, voting at such election, shall decide in favor of 
a convention for such purpose, the Legislature at its next 
session shall provide by law for the election of delegates 
to such convention.! 


ARTICLE XIV. 

Election —Term of office of Senators and Members ot 
Assembly. 

(Section 1. The first election of Senators and Members 
of the Assembly, pursuant io the provisions of this Con- 


* A convention, lu'lil in 1807, pursuant hereto, proposed a new Constitution, 
which was voted upon in parts, in November, 1869, and rejected, except 
article 6 (sections 1 to 27, inclusive). 

t Submitted to vote of people, November 2, 1886, and decided in favor of a 
Convention. 




128 CONSTITUTION OF STATE OF NEW YOKE. 


Article XIV — Continued. 

stitution, sliall be beld on tbe Tuesday succeeding the first 
Monday of November, one thousand eight hundred and 
forty-seven. The Senators and Members of Assembly who 
may be in office on the first day of January, one thousand 
eight hundred and forty-seven, shall hold their offices until 
and including the thirty-first day of December following, 
and no longer. 

First election ofGovernor ami Lieutenant-Governor, 
when. 

Sec. 2. The first election of Governor and Lieutenant- 
Governor under this Constitution shall be held on the 
Tuesday succeeding the first Monday of November, one 
thousand eight hundred and forty-eight; and the Governor 
and Lieutenant-Governor in office when this Constitution 
shall take effect shall hold their respective offices until 
and including the thirty-first day of December of that year. 

State officers, and others, to remain in office till De¬ 
cember 31, 1847. 

Sec. 3. The Secretary of State, Comptroller, Treasurer, 
Attorney-General, District Attorneys, Surveyor-General, 
Canal Commissioners and Inspectors of • State Prisons, in 
office when this Constitution shall take effect, shall hold 
their respective offices until and including the thirty-first 
day of December, one thousand eight hundred and forty- 
seven, and no longer. 

First election of judicial officers, when. 

Sec. 4. The first election of Judges and Clerk of the 
Court of Appeals, Justices of the Supreme Court, and 
County Judges, shall take place at such time between the 
first Tuesday of April and the second Tuesday of June, one 
thousand eight hundred and forty-seven, as may be pre¬ 
scribed by law. The said courts shall respectively enter 
upon their duties on the first Monday of July, next there¬ 
after; but the term of office of said Judges, Clerk and Jus- 


CONSTITUTION OF STATE OF NEW YORK. 129 


Article XIV — Continued. 

tices, as declared by this Constitution, shall be deemed to 
commence on the first day of January, one thousand eight 
hundred and forty-eight. 

Jurisdiction of pending suits. 

Sec. 5. On the first Monday of July, one thousand eight 
hundred and forty-seven, jurisdiction of all suits and pro¬ 
ceedings then pending in the present Supreme Court and 
Court of Chancery, and all suits and proceedings originally 
commenced and then pending in any Court of Common 
Pleas (except in the city and county of New York), shall 
become vested in the Supreme Court hereby established. 
Proceedings pending in Courts of Common Pleas, and in 
suits originally commenced in Justices’ Courts, shall be 
transferred to the County Courts provided for in this Con¬ 
stitution, in such manner and form and under such regula¬ 
tions as shall be provided by law. The Courts of Oyer and 
Terminer hereby established shall in their respective coun¬ 
ties have jurisdiction on and after the day last mentioned 
of all indictments and proceedings then pending in the 
present Courts of Oyer and Terminer, and also of all indict¬ 
ments and proceedings then pending in the present Courts 
of General Sessions of the Peace, except in the city of New 
York, and except in cases of which the Courts of Sessions 
hereby established may lawfully take cognizance; and of 
such indictments and proceedings the Courts of Sessions 
hereby established shall have jurisdiction on and after the 
day last mentioned. 

Chancellor and Supreme Court—Masters in Chancery. 

Sec. 6. The Chancellor and the present Supreme Court 
shall, respectively, have power to hear and determine any 
of such suits and proceedings ready on the first Monday of 
July, one thousand eight hundred and forty-seven, for 
hearing or decision, and shall, for their services therein, be 
entitled to their present rates of compensation until the 


130 CONSTITUTION OF STATE OF NEW YOKE. 


Akticle XIV — Continued. 

first day of July, one thousand eight hundred and forty- 
eight, or until all such suits and proceedings shall bo 
sooner heard and determined. Masters in Chancery may 
continue to exercise the functions of their office in the 
Court of Chancery, so long as the Chancellor ' hall continue 
to exercise the functions of his office under the provisions 
of this Constitution. And the Supremo Court hereby estab¬ 
lished shall also have power to hear and determine such of 
said suits and proceedings as may be prescribed by law. 

Vacancy in office of Chancellor, or Justice of Supreme 
Court, hoiv tilled. 

Sec. 7. In case any vacancy shall occur in the office of 
Chancellor or Justice of the present Supreme Court, pre¬ 
viously to the first day of July, one thousand eight hun¬ 
dred and forty-eight, the Governor may nominate and, by 
and with the advice and consent of the Senate, appoint a 
proper person to fill such vacancy. Any Judge of the Court 
of Appeals or Justice of the Supreme Court, elected under 
this Constitution, may receive and hold such appointment. 

Offices aboilslicd. 

Sec. 8. The offices of Chancellor, Justice of the existing 
Supreme Court, Circuit Judge, Vice-Chancellor, Assistant 
Vice-Chancellor, Judge of the existing County Courts of 
each county, Supreme Court Commissioner, Master in Chan¬ 
cery, Examiner in Chancery, and Surrogate (except as herein 
otherwise provided), are abolished, from and after the first 
Monday of July, one thousand eight hundred and forty- 
seven. (1847.) 

Cliaucellor and Justices of present Supreme Court, 
eligible. 

Sec. 9. The Chancellor, the Justices of the present Su¬ 
preme Court, and the Circuit Judges, are hereby declared 
to be severally eligible to any office at the first election 
under this Constitution. 


CONSTITUTION OF ST AT K OF NEW YORK. 131 


Article XIV — Continued. 

Officers to hold until expiration of term. 

Sec. 10. Sheriffs, Clerks of Counties (including the Regis¬ 
ter and Clerk of the city and county of Now York), and 
Justices of the Peace, and Coroners, in office when this 
Constitution shall take effect, shall hold their respective 
offices until the expiration of the term for which they were 
respectively elected. 

Judicial officers may receive fees. 

Sec. 11. Judicial officers in office when this Constitution 
shall take effect may continue to receive such fees and per¬ 
quisites of office as are now authorized by law, until the 
first day of July, one thousand eight hundred and forty- 
seven, notwithstanding the provisions of the twentieth sec¬ 
tion of the sixth article of this Constitution. 

liocal courts to remain, etc. 

Sec. 12. All local courts established in any city or village, 
including the Superior Court, Common Pleas, Sessions and 
Surrogates’ Courts of the city and county of New York, shall 
remain, until otherwise directed by the Legislature, with 
their present powers and jurisdictions; and the Judges of 
such courts and any clerks thereof in office on the first day of 
January, one thousand eight hundred and forty-seven, shall 
continue in office until the expiration of their terms of 
office, or until the Legislature shall otherwise direct. 

Under this provision the Legislature have power to enlarge as well as abolish 
such courts. Intcrnationcd Bank v. Bradley , 19 N. Y. 245. , 

When Constitution goes into operation. 

Sec. 13. This Constitution shall be in force from and 
including the first day of January, one thousand eight 
hundred and forty-seven, except as is herein otherwise pro¬ 
vided. 

* ARTICLE XY. 

Bribery and official corruption. 

Section 1. Any person holding office under the laws of 
this State, who, except in payment of his legal salary, fees 


’Article 15, added by vote of the people, November 3, 1374. 





132 CONSTITUTION OF STATE OF NEW YOliK. 


Article XV —Continued. 

or perquisites, shall receive or consent to receive, directly 
or indirectly, any thing of value or of personal advantage, 
or the promise thereof, for performing or omitting to per¬ 
form any official act, or with the express or implied under¬ 
standing that his official action or omission to act is to be 
in any degree influenced thereby, shall be deemed guilty 
of a felony. This section shall not affect the validity of 
any existing statute in relation to the offense of bribery. 

Offer or promise to bribe, a felony. 

Sec. 2. Any person who shall offer or promise a bribe to 
an officer, if it shall be received, shall be deemed guilty of 
a felony and liable to punishment, except as herein pro¬ 
vided. No person offering a bribe shall, upon any prosecu¬ 
tion of the officer for receiving such bribe, be privileged 
from testifying in relation thereto, and he shall not bo 
liable to civil or criminal prosecution therefor, if he shall 
testify to the giving or offering of such bribe. Any person 
who shall offer or promise a bribe, if it be rejected by the 
officer to whom it was tendered, shall be deemed guilty of 
an attempt to bribe, which is hereby declared to be a felony. 

Person offering or receiving bribe may be witness. 

Sec. 3. Any person charged with receiving a bribe, or 
with offering or promising a bribe, shall be permitted to 
testify in his own behalf in any civif or criminal prosecu¬ 
tion therefor. 

District Attorney may be removed for failure to 
prosecute violations—Expenses of prosecution, how 
chargeable. 

Sec. 4. Any District Attorney who shall fail faithfully to 
prosecute a person charged with the violation in his county 
of any provision of this article which may come to his 
knowledge shall be removed from office by the Governor, 
after due notice and an opportunity of being heard in his 
defense. The expenses which shall be incurred by any 


CONSTITUTION OF STATE OF NEW YORK. 133 
Article XV — Continued . 

county, in investigating and prosecuting any charge of 
bribery or attempting to bribe any person holding office 
under the laws of this State, within such county, or of 
receiving bribes by any such person in said county, shall 
be a charge against the State, and their payment by the 
State shall be provided for by law. 

The expense of an investigation ordered by the Governor must be borne by 
the county. People v. Supervisors, 39 Hun, 412. 

*ARTICLE XVI. 

Amendment*, when to take effect. 

Section 1. All amendments to the Constitution shall be 
in force from and including the first day of January suc¬ 
ceeding the election at which the same were adopted, except 
when otherwise provided by such amendments. 

An amendment to the Constitution takes effect upon the date of the dec¬ 
laration by the canvassers of the result of the popular election and its adop¬ 
tion, unless a different intention appears in the amendment; but where 
amendments were submitted containing a clause specifying a certain day for 
their going into effect, and only a part thereot was adopted, and that not 
including the clause fixing the day, it was [held that the clause, although not 
adopted, was indicative of intention, and should control as to the time of 
taking effect. Peal v. People, 42 N. Y. 270. 

Done in Convention, at the Capitol in the city of Albany 
the ninth day of October in the year one thousand 
eight hundred and forty-six, and of the Independ¬ 
ence of the United States of America the seventy- 
first. 

In witness whereof, we have hereunto sub¬ 
scribed our names. 

JOHN TRACY, 

President and Delegate from County of Chenango . 

James F. Starbuck, ) 

H. W. Strong, - Secretaries. 

Fr. Seger, ) 


Article 16, added by Vote of the people, November 3,1S74. 





VOTE OP THE PEOPLE 


UPON TITE 

CONSTITUTION AND ITS AMENDMENTS. 


Nov. 4, 1845. For a convention to consider and alter 

Constitution. 213, 257 

Against. 33, 860 


Nov. 3, 1846. For amended Constitution. 221,528 

Against. 92, 436 


Feb. 15, 1854. For amendment of section 3 of article 7, 

for speedy completion of canals. 185,771 

Against. 60, 526 


Nov. 6, 1866. For a convention to revise the Constitu¬ 
tion and amend the same. 352, 854 

Against. 256,364 


Nov. 2, 1869. For the amended Constitution. 223, 935 

Against. 290, 456 

“ “ For the amended Judiciary article. 247,240 

Against. 240,442 

u “ For a uniform rule of assessment and 

taxation of real and personal property. 183, 812 

Against. 273, 260 

** “For the property qualification for colored 

men.1. 282,403 

Against. 249, 802 


Nov. 5, 1872. For amendment of article 6, relating to 

Commission of Appeals. 176, 038 

Against.. 9,196 
































CONSTITUTION OF STATE OF NEW YORK. 135 

Nov. 4, 1873. For appointment of Judges of Court of 

Appeals and of Supreme Court. 115,337 

Against. 319, 979 

“ “ For appointment of Judges of county 

and certain city courts. 110, 725 

Against. 319, 600 


Nov. 3, 1874. For amendment of article 2. 357,635 

Against. 177,033 

“ “ For amendment of article 3, sections 1 

to 8 . 325, 904 

Against. 206, 029 

“ “ For amendment of article 3, sections 17 

to 25. 435, 313 

Against. 98, 050 

“ For amendment of article 4. 336,197 

Against. 196,125 

“ “ For amendment of article 7. 428,190 

Against. 104,139 

“ “ For amendment of article 8, sections 4 

and 11. 337,891 

Against. 194,234 

“ For amendment of article 8, section 10.. 336,237 

Against. 195,047 

“ “ For amendment of article 10. 335,548 

Against. 194, 333 

“ “ For amendment of article 12. 352,514 

Against. 179, 365 

“ For new article 15. 351,693 

Against. 177, 923 

“ “ For new article 16. 446,883 

Against. 85,758 


Nov. 7, 1876. For amendment of article 5, section 3.... 533,153 

Against. 81,832 

“ “ For amendment of article 5, section 4... 530, 225 

Against.. 80, 358 


Novr. 4, 1 879. For amendment of article 6, section 6... 95,331 

Against. 25, 578 


Nov. 2, 1880. For amendment of article 6, sections 12 

and 13. 221,903 

Against. 111,225 














































13G CONSTITUTION - OF STATE OF NEW YORK. 


Nov. 7, 1882. For amendment of section 3 of article 7.. 486,105 

Against. 163,151 

“ “ For amendment of article 6. 248,784 

Against. 75, 644 


Nov. 4, 1884. For amendment of section 11 of article 8. 499, 661 

Against. 9,161 


Nov. 2, 1886. For a convention to revise the Constitu¬ 
tion and amend the same. *574,993 

Against. f30,766 


Nov. 6, 1888. For the proposed amendment to section 6 

of article 6. 7.498,114 

Against. §55, 822 


* Including 218,376 informal votes. f Including 3,735 informal votes, 
t Including 187,418 informal votes. I Including 5,079 iuformal votes. 



















INDEX 


TO THE 

CONSTITUTION OF THE STATE OF NEW YORK. 


Art. See. Page. 

Academies, support of.. 9 1 120 

Actions,or suits, by or against corporations. 8 3 116 

not to be affected. 1 18 66 

Adjournment, neither house to adjourn without the consent 

of the other. 3 11 76 

Adlutant-general, appointment and tenure of office. 11 3 125 

Agricultural land, certain leases or grants to be void. 1 14 64 

Alienation of lands, restraints upon, to be void. ... . 1 15 64 

Amendments, to bills, may be made in either house. 3 13 76 

to constitution, when to go into effect. 16 1 133 

to the constitution [see Constitution]...-. 13 1 126 

Appeals, court of [see Court of appeals]. 6 2 92 

Appropriation, bills, how to be passed. 3 21 81 

laws, to be passed within two years. 7 8 111 

to specify distinctly sum appropriated..,. 7 8 112 

Assembly, accepting U. S. office, vacates seat of member. 3 8 75 

compensation of members. 3 6 74 

districts, how and when formed when reorganized.. 3 5 73 

election to be held in November. 3 9 75 

first election of members. 14 1 127 

lias the power of impeachment. 6 1 91 

majority of, necessary to pass bills. 3 15 76 

members not to be questioned elsewhere for words said in 

debate. 3 12 76 

members not to receive civil appointments. 3 7 75 

members not to receive state civil appointments. 3 7 75 

not to adjourn without the consent of the senate. 3 11 76 

number of members. 3 2 70 

number when and how apportioned and chosen. 3 5 73 

to choose its own officers. 3 10 75 

to Judge of qualifications, election, etc. 3 10 75 

to keep a Journal, and publish the same. 3 11 76 
































138 


INDEX TO TITE CONSTITUTION 


Assembly, to sit with open doors, except, etc. 

who ineligible to. 

Assistant vice-chancellor, office abolished. 

Attorney-general, commissioner of land office. 

commissioner of canal fund. 

compensation, not to receive fees. 

election and tenure of office. 

member of the canal board. 

when incumbent to go out of office... 

Attorney, district [see District attorney]..... 

Ayes and noes, on amendment to the constitution. 

on bills returned by governor with objections. 

on certain bills to create debt. 

on final passage of bills.. 

on removal of judicial officers. 

on tax and appropriation bills.. 

to be entered on journal... 

Bail, excessive, not to be required. 

Ballot, elections to be by, except for town officers .. 

Banking, bill-holders preferred in cases of insolvency [see 

Savings bank]. 

no special charter for, to be granted. 

stockholders to be individually liable.. 

suspension of specie payment not to be sanctioned.,. 

Bank notes or bill, to be first paid in cases of insolvency. 

to be registered, and security given. 

Betting on elections, persons to be excluded from voting. 

Bills, enacting clause of.. 

for tax and appropriations, three-fifths quorum.. 

in bill appropriating money, governor may object to one 

or more items.. 

laws to be passed by... 

must be signed in thirty days after adjournment, or cannot 

become a law. 

private and local, title of.. 

question on final passage. 

reported by commissioners to revise the statutes, sections 17 

and 18 of this title not to appply to... 

returned from governor with objections. 

to create debt, restricted. 

Borrowing money, not exceeding $1,000,000 . 

state may borrow for deficit in sinking fund. 

to repel invasion , „„ .... 


Art. Sec. Page. 


3 

11 

76 

3 

8 

75 

14 

8 

130 

5 

5 

90 

5 

5 

90 

5 

1 

87 

5 

1 

87 

5 

5 

90 

It 

3 

12S 

10 

1 

121 

13 

1 

127 

4 

9 

86 

7 

12 

113 

3 

15 

76 

f. 

11 

98 

3 

21 

81 

3 

15 

76 

1 

5 

55 

2 

5 

68 

8 

8 

117 

8 

4 

116 

8 

7 

117 

8 

5 

116 

8 

8 

117 

8 

0 

117 

2 

2 

67 

3 

14 

76 

3 

21 

81 

4 

9 

86 

3 

11 

76 

4 

9 

86 

3 

10 

76 

3 

15 

76 

3 

25 

82 

4 

9 

86 

7 

12 

112 

7 

10 

112 

7 

5 

110 

7 

11 

112 















































OF THE STATE OF NEW YORK 


139 

Art. Sec. Page. 


Borrowing money, towns, counties, cities and villages to be 

restricted in. 8 9 117 

towns, counties, cities and villages to be restricted in. 8 11 118 

with assent of the people. 7 12 113 

Bribery, attempt at. 15 2 132 

expenses incurred in investigating charges of... 15 4 132 

[See Officers.] 

person accused of, may be witness in his own behalf.. 15 3 132 

person attempting, not privileged from testifying. 15 2 132 

persons guilty of. 2 2 G7 

Bridges, providing for building of. 3 18 79 

Brooklyn city court. G 12 99 

judge of, may hold circuit court, etc. 6 12 99 

judges, how chosen. 6 12 99 

compensation. 6 14 100 

official term of . 6 13 19° 

term of office of chief judge. 6 12 99 

to appoint chief judge .. 6 12 99 

vacancies in office, how filled. 6 12 99 

jurisdiction. 6 12 99 

Buffalo, superior court of city of.. 6 12 99 

judges composing. 6 12 99 

compensation of.. 6 14 100 

how chosen. 6 12 99 

term of office of.. 6 13 99 

“ G 13 99 

term of office of chief judge. 6 12 99 

to appoint chief judge from their number..... 6 12 99 

vacancies, how filled. 6 12 99 

Jurisdiction. 0 12 99 

Canal board, its powers and duties. 5 6 90 

laws applicable to, applied to superintendent of public 

works.-. •'> 3 38 

may cancel contract.,.... 7 3 109 

of whom it shall consist. 5 5 90 

Canal commissioners, office abolished. 5 3 89 

present, when to go out of office . 11 3 128 

Canal fund commissioners [see Commissioners of canal fund]. 

Canals [see Superintendent of public works]—. 5 3 88 

Canals, contractors, no extra compensation to be made to... .. 7 3 109 

funds from sale of, how to be applied. • ® Jjj 

not to be sold, leased or disposed of.. 

revenues [see Revenues of canals]. 






































140 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 

Chancellor, eligible at first election. 14 9 130 

office of, abolished. 14 8 130 

to hear causes till July, 1848. 14 6 130 

vacancy in office supplied by governor and senate. 14 7 130 

Chancery [see Court of chancery]. 

Circuit judge, eligible to office at first election. 14 9 130 

office of, abolished. 14 8 130 

Cities, may be created by special act. 8 1 115 

not to become owners of stocks or bonds. 8 11 118 

not to contract debts, except for city purposes .. 8 11 118 

not to loan their money or credit. 8 11 118 

officers of, to be elected or appointed. 10 2 121 

to be restricted in their powers. 8 9 H" 

Citizens, not to answer for crimes, except on indictments, etc. 1 6 55 

not to be disfranchised unless by law. 1 1 53 

not to be twice put in jeopardy for the same offense. 1 6 55 

City courts [see Courts in cities]. 

County seats, change of. 3 18 "8 

Crime, no one to answer except on presentments, etc. 1 6 55 

Criminal cases, no one to be witness against himself. 1 6 55 

Clerk and register of New York city, election and tenure. 10 1 121 

how removed; to be heard in defense. 10 1 121 

time of election. 10 4 l 22 

to hold unexpired terms. 14 10 181 

vacancy, how filled. 10 5 123 

Clerk of court of appeals, compensation. G 20 104 

to be appointed by court. 6 2 92 

to be clerk of, second division. 6 6 9G 

to be paid out of public treasury. 6 20 104 

to keep his office at seat of government. 6 20 104 

Clerk of the supreme court, county clerks to be. 6 20 104 

Clerks of counties [see County clerks]. 

Code, commissioners to reduce laws into. 1 17 65 

Colonial acts, the law of this state. 1 17 65 

Commissary-general, appointment and tenure of office. 11 3 124 

to give security. 11 3 125 

Commissioners, canal [see Canal commissioners]. 

Commissioners of appeals, causes undetermined by, how dis¬ 
posed of. 6 5 94 

commission to continue no longer than three years. 6 5 94 

term of service may be extended.-.. 6 28 106 

decisions to be certified to. 6 5 94 

five to be appointed. 6 4 93 

four to constitute a quorum. 6 4 93 








































OF THE STATE OF NEW YORK. 141 

A rt. See. Page. 

Commissioners of appeals, reporter of court of appeals to act for. 6 5 94 

vacancies, to be tilled by governor. 6 5 94 

appointments to fill, when to expire. 6 5 91 

when to enter upon duties. 6 24 105 

Commissioners of supreme court, office abolished. 14 8 130 

Commissioners of the canal fund, powers and duties. 5 6 yo 

who shall be. 5 5 yo 

Commissioners of the land office, may sell land contiguous to 

the salt springs. 7 7 m 

powers and duties. 5 6 90 

who shall be. 5 5 90 

Commissioners to frame code and report to the legislature. 1 17 65 

vacancies, how supplied, and compensation. l 17 65 

Common law, part of the law of this state. 1 17 65 

Common pleas court, business transferred. 14 5 129 

judges of, abolished.... 14 8 130 

Common school fund, capital inviolate. 9 1 120 

income, how applied. 9 1 120 

Compensation of county judges. 6 15 101 

of judges of court of appeals and justices of supreme 

court. 6 14 100 

of justices of city court. 6 14 100 

of members of the legislature. 3 6 74 

of the governor. 1 4 84 

of the lieu tenant-governor. 4 8 85 

Comptroller/commissioner of the canal fund. 5 5 90 

commissioner of the land office. 5 5 90 

compensation, not to receive fees. 5 1 87 

election of, and tenure of office. 5 1 87 

member of the canal board. 5 5 90 

to appoint clerks of prisons.— 5 4 89 

when incumbent to go out of office. 14 3 128 

Congress, members of, ineligible to the legislature. 3 8 75 

Conscience, liberty of. person exempt from military duty. 11 1 124 

not to excuse acts of licentiousness. 1 3 54 

Constitution, amendments to be approved by a majority of 

electors voting. 13 1 127 

amendments to be published before election of senators-... 13 1 127 

how amended. 13 1 126 

majority of each house necessary to propose amendments 

to. 13 1 126 

majority of each house of next legislature must agree to 
amendments. 13 1 126 







































142 


INDEX TO T1IE CONSTITUTION 


Art. Sec. Page. 

Constitution, when to take effect. 16 1 133 

Contractors, granting privileges to. 3 18 78 

no extra compensation to. 7 3 109 

“ “ . 3-24 82 

Convention to revise the constitution, delegates to be elected. 13 2 127 

majority of electors voting at the election, necessary. 13 2 127 

when question to be submitted. 13 2 127 

Coroners, election and tenure of office. 10 1 121 

governor may remove, after hearing defense. 10 l 121 

time of election. 10 4 122 

to hold unexpired term. 14 10 131 

Corporate rights or charters not affected. 1 18 66 

Corporations, bank notes to be iirst paid. 8 8 117 

bank notes to be registered and secured. 8 6 117 

defined, to sue and be sued In all courts.—. 8 3 116 

dues from, how secured. 8 2 115 

for banking, not to be created by special act. 8 4 116 

general laws may be altered. 8 1 115 

restriction on municipal. 8 9 117 

“ “ . 8 ii ns 

stockholders in banks individually liable. 8 7 117 

to be formed by special acts in certain cases. 8 1 115 

to be formed under general laws. 8 1 115 

County clerks, election, tenure of office and how removed. iff l 121 

powers and duties of. 6 20 104 

time of election. 10 4 122 

to be clerks of supreme court. 6 20 104 

to hold unexpired terms...... 14 10 131 

vacancies, how filled. 10 5 123 

County courts, powers and jurisdiction. 6 15 101 

County judge, and surrogate, legislature may provide for elec¬ 
tion of persons to perform duties of. 6 16 102 

election or appointment of, question to be submitted. 6 17 102 

may not practice as attorney or act as referee... 6 21 105 

restriction as to age. 6 13 100 

salary of.. 6 15 101 

tenure of office of incumbent. 6 15 101 

to hold county court and act as surrogate. 6 15 101 

with two justices of the peace, to hold courts of sessions... 6 15 101 

County, each county to have member of assembly, except 

Hamilton. 3 5 73 

not to become the owner of stock or bonds. 8 11 118 

not to be divided in forming senate districts, except, etc... 3 4 72 

not to be liable for acts of sheriff... v io i 121 

not to incur debts except for county purposes. 8 11 118 











































OF THE STATE OF HEW YORK. 143 

Art. Sec. Page. 

County, not to loan its money or credit. 8 11 118 

officers to be elected or appointed according to law. 10 2 121 

supervisors may have power of local legislation.. 3 23 82 

Court of appeals, attendants, court may appoint and remove... 6 2 92 

business to be transferred. 14 5 129 

causes in, January 1, 1869, how disposed of.. 6 4 93 

certain, to be heard and determined by a commission. 6 4 93 

in present, to be vested in court hereby established... 6 4 93 

clerk, court to have power of appointment. 6 2 92 

commission, four to constitute a quorum. 6 4 93 

of whom to be composed. 6 4 93 

reporter of. 6 5 94 

term of service may be extended. 6 28 106 

vacancies in office of, how lilled. 6 & 94 

concurrence of four judges necessary to decision. 6 2 92 

court of chancery to decide causes till July, 1848. 14 6 130 

Judges, compensation of.. 6 14 100 

continued after term. 6 13 100 

not to be diminished during term of office. 6 14 100 

Judges, how and when chosen. 6 2 92 

how removed. 6 11 98 

may not practice as attorney, or act as referee. 6 21 105 

not to hold other office of public trust. 6 10 98 

not to sit in review. 6 8 97 

restriction as to age. 6 13 100 

vacancies in office of, how tilled. 6 3 92 

when to enter upon duties. 6 24 105 

Judgment of certain courts of record in cities may be re¬ 
moved directly to, for review. 6 22 105 

masters in chancery to act. 14 6 130 

of whom composed. 6 2 92 

powers and Jurisdiction of, not to be suspended by reason 

of non-appointment, etc. 6 3 93 

quorum in.-. 6 2 92 

reporter may be appointed by. 6 2 92 

second division, how constituted. 6 6 95 

Court of sessions, by whom held. 6 15 101 

of special sessions, jurisdiction. 6 26 10G 

Court, supreme, old: 

to hear causes till July, 1848. 14 6 130 

vacancy to be tilled. 14 7 130 

Courts of general sessions, business transferred. 14 5 129 

inferior local, may be established by legislature... 6 19 104 









































144 INDEX TO THE CONSTITUTION 

Art. Sec. Page. 

Courts, of oyer and terminer, Justice of supreme court may 

preside in. 6 ? 97 

of record in cities, judgments of, may be removed to court 

of appeals for review. 6 22 105 

Credit or money of state, not to be loaned. 7 9 112 

» “ “ .. 3 10 118 

Debate, legislative, freedom of, secured....-. 3 12 76 

Debt, act to be submitted after three months. 7 12 H3 

but not at a general election.- 7 12 113 

counties, towns, cities and villages, to be restricted in cre¬ 
ating. 8 9 117 

counties, towns, cities and villages, to be restricted in cre¬ 
ating .. 8 11 118 

law for, how to be passed and question on. 7 12 H3 

may be repealed in part. 7 12 H3 

money borrowed, how to be used. 7 11 H2 

“ “ “ . 7 10 112 

not contracted without being approved by the people. 7 12 H3 

not to create other, without providing for payment. 7 12 H3 

not to exceed $1,000,000. 7 10 U2 

revenues of canal to pay yearly, $1,300,000. 7 1 107 

“ “ “ 1,700,000 7 1 107 

“ “ “ 350,000. 7 2 103 

“ “ “ 1,500,000. 7 2 108 

tax for debt incurred, not repealable. 7 12 n3 

to repel invasion, suppress insurrection, etc. 7 11 112 

to supply deficit in sinking fund. 7 5 110 

Debts, due the state from corporations, to be enforced. 7 4 110 

due the state, time of payment may be extended. 7 4 110 

obligation of, not to be impaired. I 18 66 

Decisions, judicial, to be published. 6 23 105 

of courts of record in cities, may be removed into court of 

appeals for review. 6 22 105 

publication of, to be free. 6 23 105 

District attorneys, election and tenure of office. 10 1 121 

governor may remove, to be heard in defense. 10 1 121 

incumbent, when to go out of office. 14 3 128 

may be removed for not prosecuting certain offenses. 15 4 132 

time of election. 10 4 122 

Districts, assembly, how and when altered. 3 5 74 

Districts, judicial. 6 6 94 

Districts, senate. 3 3 70 







































OF THE STATE OF NEW YORK 


145 


Districts, how and when altered.... 

Divorce not to be granted without judicial proceedings .... 
Duration of office, when not fixed by law. 10 


Elections, judges, justices of supremo court, etc. 

of boards of supervisors. 

of governor and lieutenant-governor. 

of members of the legislature, when held. 

of sheriffs, etc. 

opening of, etc. 

secretary of state and other state officers. 

state engineer and surveyor. 

to be by ballot.... 

Electors, qualifications of. 

convicted of infamous crime may be excluded from.... 
persons offering or receiving bribe excluded from right to 

vote...... 

what constitutes residence of.... 

Engineer [see State engineer and surveyor]. 

Enumeration of inhabitants, when taken. 

Erie canal, not to be sold, leased, etc. 

Escheat to the people.... 

Examiner in chancery, office abolished. 

Executive power vested in governor. 


Fees, certain judicial officers may receive, till July, 1847. 14 

comptroller, treasurer and attorney-general. 5 

no judicial officer to receive fees, except justice of the 

peace... 

of public officers. 

secretary of state not to receive, to his use. . 

Feudal tenures abolished. 

Fines, and quarter sales to be void. 

excessive, not to be imposed. 

Freedom, debate in legislature secured. 

of speech and press secured. 

religion.. .. 

Fund, no money paid from, without appropriation. 

sinking [see Sinking fund. Common school fund, Litera¬ 
ture fund, United States deposit fund]. 


Gauging, office for, abolished. 

General sessions, courts of, business transferred. 


Art. 

Sec. Page. 

3 

4 

72 

1 

10 

03 

. 10 

3 

122 

14 

4 

128 

3 

18 

78 

4 

3 

83 

3 

9 

75 

. 10 

1 

121 

3 

18 

79 

5 

1 

87 

5 

2 

87 

2 

5 

68 

2 

1 

66 

2 

2 

67 

2 

2 

67 

•? 

3 

68 

3 

4 

72 

7 

6 

111 

1 

11 

63 

14 

8 

130 

4 

1 

82 

14 

11 

131 

5 

1 

87 

0 

21 

104 

3 

18 

79 

5 

1 

87 

1 

12 

63 

1 

15 

64 

l 

5 

55 

3 

12 

76 

1 

8 

62 

1 

3 

54 

7 

8 

111 

5 

8 

91 

14 

5 

129 




































146 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 

Governor, bills disapproved, to be returned with objections. 4 9 86 

commander-in-chief, etc. 4 4 83 

court of appeals, second division, designation of judges by, 6 6 95 

executive power vested in, and term of office. 4 l 82 

first election of.. 14 2 128 

may appoint another to perform duties.. 5 7 90 

may appoint, with consent of senate, major-general and 

commissary-generals. 11 3 124 

may object to one or more items in a bill appropriating 

money, and approve the rest. 4 9 86 

may remove district attorney for not prosecuting certain 

offenses. 15 4 132 

may remove sheriff, county clerk, district attorney and 

coroner. 10 1 121 

may suspend treasurer, etc. 5 7 90 

not to appoint members of the legislature to office. 3 7 75 

to approve bill in thirty days after adjournment or it can¬ 
not become a law. 4 9 86 

to communicate by message. 4 4 83 

to convene legislature, or senate only. 4 4 83 

to execute laws, compensation, residence. 4 4 84 

to grant reprieves, pardons, etc. 4 5 84 

to nominate chancellor and justice of supreme court. 14 7 130 

to report pardons and reprieves yearly. 4 5 84 

to sign bills if he approve. 4 9 85 

to suspend execution in cases of treason. 4 5 84 

when and how elected. 4 3 83 

when out of state at head o( military force. 4 6 85 

who eligible. 4 2 S3 

Grants, certain, with rents reserved, void. 1 14 64 

from king of Great Britain. 1 18 66 

Habeas corpus, not to be suspended, except, etc. 1 4 55 

Hamilton county, to elect member with Fulton. 3 5 74 

Impeachment, articles of, preferred against Judicial officer, 

effect of.. 6 1 92 

assembly to have power ot. 6 1 91 

concurrence of two-thirds necessary to convict. 6 1 92 

court for trial of, of whom composed. 6 1 91 

of Lieut. Governor, relative to. 4 7 85 

duty of members of court of. 6 1 92 

Judgment in cases of conviction, to what to extend. ... 6 1 92 

members of court to be sworn. 6 1 92 




































OF THE STATE OF NEW YOHK. 


147 


Impeachment, of governor, who to act. 

on trial of governor, lieutenant-governor may not act aa 

member of court.. 

parties impeached, liable to indictment and punishment, 

according to law... 

Indians, purchase of lands from, void. 

Indictment, not to be tried without. 

persons convicted on impeachment, liable to. 

Infamous crime, not to answer for, unless on presentment, etc. 

persons guilty may be deprived of right to vote. 

Inferior local courts may be established. 

Inspections, all offices for, abolished, and not to be created. 

Inspectors ofstate prisons, abolished. 

Interest, regulating rate of.. 

Invasions, etc., debt may be created for. 

money raised, how used. 

Jeopardy, not to bo put twice in, for same ofTense. 

Journals, of each house to be kept and published, except, etc.. 

objections of governor to be entered on. 

yeas and nays to be entered in. 

Judge of the old county court, office of, abolished. 

Judges, accused to have opportunity of defense. 

chief judge and associate, manner of appointment of, to be 

submitted to the people. 

concurrence of four necessary to a decision. 

court of appeals, second division, designation of.. 

first election of (1846)... 

“ “ “ (1869)... 

five to form a quorum. 

may be removed by concurrent resolution of both houses 

of legislature.. 

may not practice as attorney or counselor in any court of 

record in this state, or act as referee. 

not to hold any other office of public trust. 

not to hold office after seventy years of age. 

of court of appeals, term of office. 

of court of record may not practice as attorneys or act as 

referee... 

of inferior courts, how removed. 

powers and jurisdiction, not suspended in certain cases.... 

removals, cause to be entered on journal. 

shall not sit in review of cases decided by him. 

to be members of court of impeachment... 


Art. Sec. 

Page. 

4 

6 

85 

6 

1 

91 

6 

1 

92 

1 

16 

64 

1 

6 

55 

6 

1 

92 

1 

6 

55 

2 

2 

67 

6 

19 

104 

5 

8 

91 

5 

4 

90 

3 

18 

79 

7 

11 

112 

7 

11 

112 

1 

6 

55 

3 

11 

16 

4 

9 

86 

3 

15 

76 

14 

8 

130 

6 

11 

93 

6 

17 

102 

6 

2 

92 

6 

6 

95 

6 

2 

92 

6 

24 

105 

6 

2 

92 

6 

11 

98 

6 

21 

105 

6 

10 

98 

6 

13 

100 

6 

2 

92 

6 

21 

105 

6 

18 

103 

6 

3 

93 

6 

11 

98 

6 

8 

97 

6 

1 

91 




































148 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 

Judges, vacancies, how filled. 6 3 92 

appointees to fill, term of office. 6 3 1)3 

when governor may appoint to fill. 6 3 93 

votes given for, to be void. 6 10 98 

when to enter upon their duties. 6 24 105 

Judicial, decisions, free for publication. f> 23 105 

officers, except justices of the peace, not to receive fees or 

perquisities of olfice. 6 21 104 

first election of.. H 4 128 

legislature to direct time and manner of appointment. 6 19 104 

may not serve after seventy years of age. 6 13 100 

those now in office may receive fees. 14 11 131 

Jurisdiction of courts, when to be transferred. 14 5 129 

Jurors, drawing, etc., of. 3 18 7S 

Jury, in libel cases, to determine law and fact. 1 8 62 

right of trial by, secured, when waived. 1 2 53 

to assess value of property. 17 01 

Justices, compensation. 6 13 100 

compensation as such. 6 15 101 

not to be diminished during term of office . 6 14 100 

court of appeals, second division, to act in.. 6 6 95 

election and tenure of office. 0 18 103 

eligible at first election . 14 9 130 

expiration of term of those in olfice. 6 25 100 

first election of. 14 4 128 

how many to reside in each district. 6 6 94 

may be removed by concurrent resolution passed by two- 

tliird vote.. 6 11 98 

may be removed for cause, after opportunity for defense.. 6 18 103 

may hold courts in other counties. 6 15 101 

may not hold any other office of public trust. 6 10 98 

may not practice as attorney or act as referee. 6 21 105 

may not receive to his own uses any fee or perquisite of 

olfice .i. 6 21 104 

may not sit in review of decision made by court of which 

he was at the time a member. 6 8 97 

may receive fees. 6 21 104 

members of court of sessions. 6 15 101 

not to hold olfice after seventy years of age. 6 13 100 

number and classification regulated.:. 6 18 103 

number necessary to hold general terms. 6 7 96 

official term. 6 jg 100 

of peace, and district court justices, election of.. 6 18 103 

of peace, vacancy how filled. 6 18 103 










































OF THE STATE OF HEW YORK. 149 

Art. Sec. Page. 

Justices, of supreme court, term of office of incumbents. 6 6 94 

of the old supreme court, office of, abolished. 14 8 130 

presiding, to act as such during term of office . 6 7 96 

removals, cause to be entered oil journals. 6 11 98 

question on, how taken. 6 11 98 

to act till July, 1848. 14 6 130 

to appoint reporter. 6 23 105 

to be chosen by electors of respective judicial districts. 6 13 100 

to be elected at annual town meetings. 6 18 103 

to hold unexpired terms. 14 10 131 

question as to manner of appointment to be submitted to 

people. 6 17 102 

vacancies, how filled. 6 9 97 

votes for, other than for judicial office, void. 6 10 98 

King of Great Britain, grants of land by. 1 18 06 

Land, all to be allodial. 1 13 64 

certain leases over twelve years, void. 1 14 64 

ultimate property in. 1 11 63 

Land office, commissioners of.. 5 5 90 

"Land purchases from Indians void, unless, etc. 1 16 64 

Law and equity, supreme court of.. 6 6 94 

Laws, certain, to be submitted to the people. 7 12 113 

existing laws, how made part of an act. 3 17 77 

mode of enacting [see Bills]. 

to be enacted by bill only. 3 14 76 

to be enforced by governor. 4 4 64 

Legislature, compensation of members of. 3 6 74 

each house not to adjourn without consent. 3 11 76 

each house to choose its own officers. 3 10 75 

each house to determine its own rules. 3 10 75 

each house to judge of elections, etc. 3 10 "5 

each house to keep a journal, etc. 3 11 76 

each house to keep open doors. 3 11 76 

extra session of, how called. 4 4 83 

freedom of debate in, secured. 3 12 76 

legislative term, when to commence. 10 6 123 

majority constitutes a quorum. 3 10 75 

may authorize judgments, etc., of courts of record in cities 

removed to court of appeals for review. 6 22 1° 5 

may change mode of choosing officers. 11 6 125 

may confer powers of local legislation. 3 23 82 

members not to receive civil appointments. 3 7 75 

4 6 


i 










































150 


INDEX TO THE CONSTITUTION' 


Art. Sec. Page. 

Legislature, not to audit or allow a private claim. 3 19 80 

not to grant extra compensation to public officers. 3 24 82 

not to pass private or local bills in certain cases. 3 18 78 

to create corporations by general laws. 8 1 115 

to declare what constitutes vacancy. 10 8 123 

to direct as to appointment of Judicial officers. 6 19 104 

to elect governor and lieutenant-governor in certain cases.. 4 3 83 

to fix time for electing militia officers. 11 4 125 

to pass general laws. 3 IS 79 

to provide for delegates to convention. 13 2 127 

to provide for filling vacancies in office. 10 5 123 

to provide for organization of cities and villages. 8 9 117 

to provide for publication of all statutes. 6 23 105 

to provide removal of officers. 10 7 123 

to restrict the powers of cities and villages. 8 9 li7 

vote on removal of certain judicial officers, how taken. 6 11 98 

vote to be entered on Journals. 6 11 98 

what constitutes. 3 1 68 

when elected. 3 9 75 

when to assemble. 10 6 123 

who is ineligible to. 3 8 75 

Liability of corporations and stockholders. 8 2 115 

in banking business...... 8 7 117 

Libel, law and facts to be determined by the Jury. 1 8 62 

truth to be given in evidence. 1 8 62 

Liberty of conscience not to Justify acts of licentiousness, etc.. 1 3 54 

Lieutenant-governor, commissioner of the canal fund. 5 5 90 

commissioner of the land office. 5 5 90 

compensation of.. .... 4 8 85 

election and tenure of office. 4 1 82 

first election of.. 14 2 128 

member of canal board. 5 6 90 

member of the court for the trial of impeachments. 6 1 91 

not to receive fees or perquisites... 4 8 85 

not to sit on trial of governor. 6 1 92 

president of the senate and casting vote. 4 7 85 

qualifications and eligibility. 4 7 85 

Life and liberty, not to be deprived of, without, etc. 1 6 55 

Limitation of claims against state. 7 14 111 

Literature fund inviolate, and revenues how applied. 9 1 120 

Local bills, subject to be expressed in title. 3 16 76 

to embrace but one subject.. 3 16 76 

Local Judicial officers, in office, expiration of term of office.... 6 25 166 

legislature may provide for election of two, to perform 
duties of county Judge and surrogate. 6 16 102 












































OF THE STATE OF NEW YORK 


Local legislation, may be conferred on supervisors. 

Lotteries prohibited.. 

Majority of each house necessary to form a quorum. 

to pass bills. 

Master in chancery, office of, abolished. 

to act until July, 1818.. 

Measure and weights, standard of, how supplied. 

Measuring, office for, abolished, ami not to be created. 

Message, governor to communicate by, to the legislature. 

objections to bill. 

Militia, adjutant-general and chiefs of staff departments, how 

appointed. 

exemptions on religious scruples. 

governor commander-ln-chief of,. 

legislature may change mode of choosing officers. 

major-generals and commissary-general of, how appointed 

officers, how commissioned. 

officers of, how chosen.. 

officers, how removed. 

time of choosing militia officers. 

to be armed and disciplined . 

Money, not to be paid, without appropriation, in two years.... 
when borrowed, how used. 

44 4 4 

41 4 4 

• ••••••••.•••a*••••••••••••••••••••••••. 

Municipal corporations, legislature to provide for organiza¬ 
tion of.. 

legislature to restrict powers of taxation, debt, etc. 

may be created by special acts. 

Names, change of. 

New York city, court of common pleas in. 

expenses, how defrayed. 

Judges, compensation of.. 

first election of.. 

how chosen.:. . 

may hold special terms of supreme court. 

restriction as to age... 

courts in, power and jurisdiction of.. 

to continue until altered. 

senate districts in. 

superior court of city of. 

compensation of judges....... 


151 


Art. Sec. Page. 


3 

23 

82 

1 

10 

63 

3 

10 

75 

3 

15 

76 

14 

8 

130 

14 

6 

130 

5 

8 

91 

5 ’ 

8 

91 

4 

4 

83 

4 

9 

86 

11 

3 

124 

11 

l 

124 

4 

4 

83 

11 

G 

125 

11 

3 

124 

11 

5 

125 

11 

2 

124 

11 

5 

125 

11 

4 

125 

11 

1 

124 

7 

8 

111 

7 

10 

ri 2 

7 

11 

112 

7 

12 

113 

8 

9 

117 

8 

9 

117 

8 

l 

115 

3 

18 

73 

6 

12 

98 

f> 

It 

100 

6 

14 

100 

6 

24 

105 

6 

13 

100 

6 

12 

99 

6 

13 

100 

f> 

12 

93 

14 

12 

131 

3 

3 

70 

6 

12 

98 

6 

14 

100 


x 


i 




Si 








































152 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 

New York city, superior court of, continued until altered. 14 12 98 

chief judge to be appointed. . 6 12 99 

expenses, how defrayed. 6 14 100 

Judges of, may be detailed and hold special terms of 

supreme court. 6 12 99 

term of office of. 6 13 100 

vacancies in ofiice of judges of, how filled. 6 12 99 

when to enter upon duties. 6 24 105 

• 

Oath of ofiice, form of, no other test required. 12 1 120 

Officers, attempt to bribe. 15 2 132 

city and town, how to be elected or appointed. 10 2 121 

county, how to be elected or appointed. 10 2 121 

for weighing, inspecting, etc., abolished. 5 8 91 

not to extend to office for protecting health, etc. 5 8 91 

major-generals, etc. 11 3 124 

militia, how chosen. 11 2 124 

not to receive fees or perquisites. 10 9 124 

oath of. 12 1 126 

offering a bribe to, a felony. 15 2 132 

other, elected or appointed as law shall direct. 10 2 121 

receiving any thing of value, when a felony. 15 1 132 

removal of, other than judicial, local or legislative. 10 7 123 

state, not to receive additional compensation. 10 9 123 

tenure of, when not fixed by law or constitution. 10 3 122 

Oyer and terminer [see Court ofj. 

Pardons and commutations, etc. \ 5 84 

governor to report yearly. \ 5 84 

laws may be passed regulating mode ol applying for. 4 5 84 

Personal liability of stockholders and corporators, etc. 8 2 115 

in banking corporations... g 7 117 

Petition, right of, not to be abridged. 1 ]0 03 

Political year, when to begin. 10 fi 123 

President of the senate, lieutenant-governor, casting vote. 4 7 85 

pro tern., when chosen. 3 jq 75 

when to act as governor. 4 7 85 

Prisons,Superintendent of. 5 4 89 

Private or local bills, not to be passed in certain cases. 3 is 78 

road, may be opened. 1 7 61 

damages to be found by Jury. 1 7 Cl 

title of, to state the subject. 3 iq 76 

to embrace but one subject. 3 76 










































OF THE STATE OF NEW YORK. 


153 


Art. Sec. Page. 


Property, not to be taken without just compensation. 

not to be taken without process of law. 

public, taken for local or private purposes requires two- 

thirds . 

rights of, not atfected. 

taken by jury for private road. 

ultimate in lands, possessed by the state. 

value to be ascertained by jury or commissioners. 

Public money or property taken for local or private purposes 

requires two-thirds. 

not to be paid without appropriation in two years. 

Public works, superintendent, appointment of.. 

Punishment, cruel or unusual, not to be inflicted. 

Qualifications of electors. 

of members and election, each house to determine. 

Quarter sales to be void.*. 

Question on bill to borrow money, how put.. 

Question to be submitted to people; election or appointment 

of judges, justices, etc. 

Questions to be submitted; election or appointment of judge 

of court of appeals and justice of supreme court. 

Quorum, majority of each house. 

three-fifths of each house required. 

what to constitute, in court of appeals... 

Railroad tracks, granting right to lay. 

Register in New York [see Clerk and register. New York 
city]. 

Religion, freedom in, secured. 

Removal of officers, other than judicial, local or legislative.... 

Rent and services, certain, saved and protected .. 

Reporter of court of appeals to be appointed by court. 

court of appeals, second division, to act in. 

of supreme court to be appointed.. 

Reports of decisions to be published.- 

publication of, free to all. 

Reprieves and pardons for offenses... 

mode of applying for, may be regulated by law. 

to be communicated to the legislature yearly. 

Residence, of electors, what shall be. 

of persons eligible to the office of governor. 

when not lost by absence. 


1 

6 

55 

1 

6 

55 

1 

9 

62 

1 

18 

66 

1 

7 

61 

1 

11 

63 

1 

7 

61 

1 

9 

62 

7 

8 

111 

5 

3 

87 

1 

5 

55 

2 

1 

66 

3 

10 

75 

1 

15 

64 

7 

12 

113 

f, 

17 

102 

6 

17 

102 

3 

10 

75 

3 

21 

81 

6 

2 

92 

3 

IS 

79 


1 

3 

54 

10 

7 

123 

1 

12 

63 

6 

2 

92 

6 

6 

95 

6 

23 

105 

6 

23 

105 

6 

23 

105 

4 

5 

M 

4 

5 

84 

4 

5 

84 

2 

3 

68 

4 

2 

83 

2 

3 

63 




































154 " INDEX TO THE CONSTITUTION 

Art. Sec. Page. 

Resolutions, certain, law of the state. 1 17 6* 

Revenues of canals, to pay superintendence and repairs.......... 7 1 107 

to pay $1,300,000 on canal debt yearly... 7 1 107 

to pay $1,700,000 on canal debt yearly. 7 1 107 

to pay $350,000 on general fund debt. 7 2 108 

to pay $1,500,000 on general fund debt. 7 2 108 

to repay deficiency in sinking fund. 7 5 HO 

Roads, laying out of, etc. 3 18 78 

Rules, each house to determine its own. 3 10 75 

Sailors may vote. 2 1 07 

Salt springs, lands contiguous, may be sold. 7 7 HI 

not to be sold. 7 7 HI 

Savings banks, charters of.. 8 4 HO 

not to have capital stock. 8 4 H6 

trustees not to be interested in profits. 8 4 H6 

School fund, capital inviolate, add revenues how applied. 9 1 120 

Secrecy of legislative proceedings, when allowed. 3 II 76 

Secretary of state, commissioner of the canal fund. 5 5 90 

commissioner of the land office.,. 5 5 90 

compensation, not to receive fees. 5 1 87 

election and tenure of office. 5 1 87 

incumbent when to go out of office. 14 3 128 

member of the canal board. 5 5 90 

Senate, accepting U. S. office vacates seat in. 3 8 75 

appointments to certain offices to be made by governor and 5 3 87 

“ “ “ 5 4 89 

“ “ “ 6 9 97 

compensation. 3 6 74 

districts. 3 3 70 

extra session may be convened. 4 4 83 

first election of senators, etc. 14 1 127 

freedom of debate secured. 3 12 76 

incumbents, when to go out of office. 14 1 128 

majority requisite to pass bills. 3 15 76 

majority to constitute a quorum. 3 10 75 

may appoint on nomination of the governor. H 3 124 

may remove militia officers on recommendation of 

governor. 11 5 125 

members of the court for the trial of impeachments.. 6 1 91 

not to adjourn without consent of assembly. 3 11 76 

not to receive civil appointments. 3 7 75 

number of senators. ,3 2 70 

president of, and president pro tem. 3 10 75 








































OF THE STATE OF NEW YORE. 155 

Art. Sec. Page. 

Senate, president of, and president pro tern. 4 7 85 

question on bills to be taken by ayes ami nays. 3 15 76 

to determine its own rules, and judge of elections, etc. 3 10 75 

to keep and publish journal, and open doors. 3 n 76 

when and how altered, not to divide counties in forming.. 3 4 72 

who ineligible to. 3 8 75 

Sheriffs, county not responsible for acts of. 10 1 121 

* election and tenure of office. 10 1 151 

governor may remove, and to be heard in defense of.. 10 1 121 

incumbent to hold unexpired term. 14 10 131 

time of election of.. 10 l 121 

to hold no other office, and ineligible for next term. 10 1 121 

to renew security, and in default, office vacant. 10 l 121 

vacancy in office of.. 10 5 123 

Sinking fund, $1,300,000 from canal revenues yearly. 7 l 107 

$1,500,000 from canal revenues yearly. 7 2 108 

$1,700,000 from canal revenues yearly. 7 l 107 

$350,000 from canal revenues yearly. 7 2 108 

dues from incorporated companies part of.. 7 4 110 

if deferred, interest to be computed on. 7 2 108 

not to be divested. 7 13 lit 

to be safely invested. t. . 7 13 114 

Soldiers may vote. 2 1 67 

Speaker of the assembly, commissioner of the land office. 5 5 90 

compensation of.. 3 6 74 

Specie payments of banks, not to be suspended. 8 5 116 

of bank bills to be secured. 8 6 117 

Speech, freedom of, secured. 1 8 62 

in legislative debate. 3 12 76 

Stale claims, against the state, not to be audited or allowed... 7 14 114 

State engineer and surveyor, commissioner of land office. 5 5 90 

election and tenure of office. 5 2 87 

member of canal board. 5 5 90 

to be practical engineer. 5 2 87 

inspectors of, Prisons, abolished. 5 4 90 

may create a $1,000,000 debt. 7 10 112 

not to loan its credit. 7 9 112 

not to loan its money or credit. 8 10 118 

prisons fsee Superintendent of prisons]. 5 4 89 

Statutes, certain, and legal decisions, legislature to provide 

for speedy publication of.. 6 23 105 

law of this state. 1 17 65 

publication free to all. 6 23 105 

Street railroads, commissioner in certain cases. 3 IS 79 

consent of property owners and local authorities. 3 18 80 













































156 


INDEX TO THE CONSTITUTION 


Art. Sec. Page. 

Suffrage, proofs of, how ascertained. 2 i 68 

rights of.. 2 1 66 

who excluded from. 2 2 67 

who may be deprived of.. 2 2 07 

Suits, certain, not affected. 1 18 66 

Superintendent of prisons. 5 4 89 

of public works. 5 3 87 

Supervisors of counties to make assembly districts. 3 5 *73 

board of, in each county..... 3 22 81 

boards of, may have power of local legislation. 3 23 82 

of New York city to make senate districts. 3 3 70 

Supreme court, commissioner, office of, abolished. 14 8 130 

decisions to be free for publication to all.... 6 23 105 

general terms, of whom composed. 6 7 96 

Jurisdiction in law and equity.., 6 6 94 

Justices, how chosen. 6 13 100 

may not practice as attorney or act as referee. 6 21 105 

may preside in courts of oyer and terminer. 6 7 97 

not to hold other office or public trust. 6 10 98 

number of, to reside in each district. 6 6 94 

official term of.. 6 13 100 

old office of, abolished......,». 14 8 130 

restriction as to age. 6 13 100 

seven, to act in court of appeals, second division. 6 C 95 

special terms and circuit courts may be held by. 6 7 97 

to be held in each judical district. 6 7 97 

vacancies in office of, how filled. 6 9 97 

of whom composed. 6 6 94 

presiding Justice to act as such during term of office. 6 7 96 

reporter of decisions to be appointed..’. 6 23 105 

Surrogate, county judge to act as. 6 15 101 

courts of record may perform duties of, in certain cases.. 6 27 106 

election of, may be provided for. 6 15 101 

election of special, may be provided for. 6 16 102 

may be elected in counties where population exceeds 

40,000. 6 15 101 

salary of. 6 15 101 

tenure of office of present occupants. 6 25 106 

term of office . 6 15 101 

Surrogate’s court, how relieved in certain cases. G 27 106 

Surveyor-general, when to go out of office. 14 3 128 

Surveyor, State [see Engineer and surveyor]. 

Swamps, draining of. 3 18 78 

Taxation, cities and villages to be restricted in power of. 8 9 117 


> 









































OF THE STATE OF NEW YOKE. 157 

Art. Sec. Page. 

Tax, bill for, to be passed by yeas and nays. 3 21 81 

direct to support expense o( Canals. 7 3 109 

law imposing, to state distinctly object of. 3 20 so 

three-fifths make a quorum. 3 21 81 

to supply deficiency in sinking fund. 7 5 no 

Testimony in equity cases, how taken. 6 8 97 

Three-fifths necessary for quorum. 3 21 81 

Title of bills, local and private. 3 16 76 

Town, not to become owner of stock or bonds. 8 11 ns 

not to contract debts except for town purposes. 8 11 118 

not to loan its money on credit. 8 11 118 

Town officers to be elected or appointed. 10 2 121 

Travel of members of the legislature, compensation for. 3 6 74 

Treason, governor may suspend execution of sentence.. 4 5 84 

legislature may pardon. 4 5 84 

Treasurer, commissioner of land office. 5 5 00 

compensation of, not to receive fees. 5 1 87 

election and tenure of office of.. 5 1 87 

incumbent, when to go out of office. 14 3 128 

may be suspended by governor and vacancy supplied. 5 7 W 

member of the canal board. 5 5 90 

should be commissioner of canal fund. 5 5 90 

Treasury, no money to be paid from, without appropriation... 7 8 111 

Two-thirds of all elected to pass certain bills. 1 9 62 

of all present on bill returned by governor. 4 9 86 

of all present to change mode of electing militia officers, 
etc...~.. 11 6 125 

United States, deposit fund, income of, how applied. 9 1 120 

officers, judicial or military, not to hold seat in legislature. 3 8 75 

Vacancy, in office of treasurer. 5 7 90 

court of appeals, second division.-. 6 6 95 

judge of court of appeals... 6 3 92 

justice of supreme court. 6 9 97 

legislature to declare what constitutes. 10 8 123 

of former chancellor and justices of supreme court. 14 7 130 

provide for supplying. 10 5 123 

sheriffs, etc., how filled until next political year. 10 5 123 

Venue, change of. 3 18 78 

Veto of the governor. 4 9 86 

Vice-chancellor, office of, abolished. 14 8 130 

Villages, courts in, to continue until altered. 14 12 131 

incorporation of.. 3 18 73 









































158 


INDEX TO THE CONSTITUTION, 


A.«« S«c. Page. 

Villages, may be created by special acts. 8 1 115 

not to become owners of bonds, etc. . . 8 51 118 

not to contract debts, except, etc. 8 11 118 

not to loan their money or credit... 8 U 118 

officers in, to be elected or appointed. 10 2 121 

to be restricted in powers of taxation. 8 9 (17 

Votes, certain, for members of the legislature, void. 3 7 75 

Voters, qualifications of.. 2 1 66 

Weighing, all offices for, abolished. 5 8 91 

Weights and measures, standard of, how supplied. 5 8 91 

Witness, not incompetent on account of religious belief.. 1 3 54 

not to be unreasonably detained. 1 f, 55 

not to testify against himself in criminal cases. 1 6 55 

person charged with bribery may be,In his own behalf.. 15 ? 132 

person offering a bribe not privileged from testifying. 15 1 132 

Year, political and legislative term. 10 6 123 

Yeas and nays [see Ayes and uaysj. 


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